Manglona also denied the petition for a writ of habeas corpus filed by Shiano and granted the motion to dismiss filed by the respondents. Manglona said a separate decision will follow.
The federal court ordered a temporary stay on Shiano’s removal from the commonwealth on July 5.
Shiano, represented by attorney Stephen Woodruff, was supposed to leave the CNMI after being ordered removed by the Saipan Immigration Court on May 3, 2011.
The respondents in this case were Gerald Zedde in his official capacity as supervisory detention and deportation officer, Saipan Immigration and Customs Enforcement; Beth Limrick, in her official capacity as acting supervisor, enforcement and removal operations; and Arnold K. Seman, in his official capacity as acting commissioner of the CNMI Department of Corrections.
They were represented by senior litigation counsel Theodore W. Atkinson of the U.S. Department of Justice’s Office of Immigration Litigation, and the CNMI Attorney General’s Office.
In his petition, Woodruff said Shiano’s detention and impending removal was based on “an impermissible retroactive application of law and misinterpretation and misapplication of…the Consolidated Natural Resources Act of 2008…and violations of substantive and procedural due process.”
Atkinson argued that the federal court “lacks jurisdiction over Shiano’s challenge to his removal order because Shiano failed to exhaust his administrative remedies.”
On July 1, 2011, Immigration Judge Dayna Beamer denied Shiano’s request for a stay of removal proceedings with a motion to reopen “due to [the defendant’s] criminal conviction history.”
Between 1997 and 2007, Shiano was charged with the following crimes in a total of seven different cases in the CNMI: 1) one count of assault with a dangerous weapon, 2) one count of child abuse, 3) six counts of assault and battery, 4) counts of disturbing the peace, and 5) two counts of criminal mischief.
The charging document informed Shiano that under Immigration and Nationality Act Section 212 (a)(2)(B), he is “an alien who has been convicted of two more offenses (other than purely political offenses) for which the aggregate sentences to the confinement actually imposed were five years or more.”
