Manglona noted in her written order yesterday that Xia Tang, a.k.a. Mimi, 41, continues to remain in the commonwealth “without the privilege to work legally and provide for her own needs.”
“The court, however, finds itself without any power to enforce the removal [of Tang] without a valid passport,” Manglona said.
Tang pleaded guilty to the offense of illegal possession of controlled substance on Feb. 20, 2008.
The judge said the Office of the Adult Probation will continue monitoring Tang during her period of probation, set to expire in 2013.
Tang was sentenced to five years of imprisonment, all suspended except five months with credit for time served since Oct. 2007.
She was also placed under supervised probation for five years.
Part of the plea agreement is Tang’s voluntary departure at her own expense.
After two years and 13 court review hearings to monitor her compliance regarding her removal, Manglona was told of Tang’s predicament in securing her return to China.
The court noted that at the beginning of the case, Tang surrendered her expired passport after her arrest in Oct. 2007.
After serving her prison term, Tang attempted to renew her passport.
During the first year and a half, Tang was unable to raise money for the passport fee. The commonwealth helped her raise money.
Manglona was told that four months after sending the passport fee, Tang was advised that it would not be renewed because of her criminal conviction. Her check payment was returned.
“In essence, [Tang’s] government refuses to issue her a new passport to allow to return to her home country because of her criminal conviction,” Manglona said.
Tang’s subsistence comes from her friends who have voluntarily supported her, the court said.
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