U.S. District Court for the NMI Chief Judge Alex Munson said the Consolidated Natural Resources Act of 2008, which made the U.S. immigration laws applicable to the CNMI, provides a transition period which the commonwealth is undergoing right now.
“As such, although the CNRA seeks to eventually make the CNMI ‘a part of the United States for immigration purposes,’ the transition period exceptions require the conclusion that the CNMI is not yet fully a part of the United States for immigration purposes,” Munson stated in his four-page written order.
Defendants Shi Guang Li and Yong Jun Li returned to court after they each issued $2,500 as unsecured bonds.
Wei Kun Zhong, another defendant, appeared while in custody of the U.S. Marshals Service.
The court has set the following bench trials for the defendants: Wei Kun Zhong, Feb. 22; Shi Guang Li, Feb. 23; and Yong Jun Li, Feb. 25.
Yesterday, Munson heard oral arguments from the U.S. Attorney’s Office and the defendants’ court-appointed lawyers.
Assistant U.S. Attorneys Eric O’Malley and Kirk Schuler are prosecuting the case, while attorneys Anthony Long, Bruce Berline, and Sean Frink represent the defendants.
For their motions to dismiss, the defendants’ lawyers argued that it is legally impossible that their clients could have illegally entered the United States through Guam since they were already in the commonwealth.
The court also denied the defendants’ motion for bill of particulars “because the allegations put defendants on notice of the charges against them and protect them against double jeopardy.”
For their motion for additional discovery, the court directed the U.S. government to provide all translation/transcription drafts of audio recordings, if any; and to provide them with the report documenting the Jan. 5, 2010 conversation.
The U.S. Attorney’s Office objected to the defendants’ request for a copy of U.S. Immigration and Customs Enforcement’s manual because “significant governmental-wide interests would be threatened by this disclosure.”
“The [U.S.] government is not required to provide the requested agent guidelines for the reasons stated…because [the] defendants have not provided reasonable justification for the information,” Munson ruled.
Of the 24 individuals arrested by U.S. Immigration and Customs Enforcement for attempting to enter Guam illegally, 18 have already signed plea agreements.
Gov. Benigno R. Fitial’s masseuse Qingmei Cheng and her co-defendant Jian Li have waived their right to a speedy trial.
Each was charged with 22 counts of attempting to bring aliens into the United States illegally, which they both denied.Cheng and Jian Li will stand trial on May 10, 2010.
Designated Judge David Wiseman previously allowed Cheng to post bail after being incarcerated at the Department of Corrections facility for over a month.
He directed her not to have any contact with “potential witnesses.”
Cheng was released on Feb. 12, 2010 after she posted a $1,000 bail and a $9,000 unsecured bond.
Wiseman also granted the motions for bail modification filed by Shi Guang Li and Yong Jun Li.
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