The Philippine Consulate General’s Office coordinated with U.S. Immigration and Customs Enforcement yesterday afternoon, and learned about Macaraeg’s stay of removal.
Macaraeg, through his lawyer Mun Su Park, filed an emergency motion to reopen proceedings and rescind the in-absentia order of removal and motion for automatic stay of removal/deportation.
His current health condition was also cited in the emergency motion.
Macaraeg has been suffering from arthritis and has been in detention since last month.
Variety attended at the gathering of foreign workers outside TSL Plaza in Garapan yesterday afternoon, and was told that other nonresidents were ready to help Macaraeg.
A staffer with the Philippine Consulate General’s Office said they were closely monitoring the case.
U.S. Immigration Judge Dayna Beamer issued a ruling in absentia after Macaraeg failed to appear at his scheduled hearing for removal proceedings, and “no exceptional circumstances were shown for his failure to appear.”
Beamer continued, “I further find that the respondent’s failure to appear and proceed with any applications for relief from removal constitutes an abandonment of any pending applications and any applications the respondent may have been eligible to file. Those applications are deemed abandoned and denied for lack of prosecution.”
Macaraeg appeared on a later date after Oct. 4, 2011, thinking it was his scheduled immigration court hearing.
He has been a construction worker in the CNMI for 26 years and no longer has family in the Philippines.
Macaraeg is one of 628 workers issued a conditional umbrella permit — those who have been waiting for the resolution of their labor cases — in 2009 by the CNMI Office of the Attorney General.
Macaraeg has found a prospective employer who is willing to petition him for a CW-1 visa, Variety was told.
However, just as they were preparing a petition for a CW-1 visa, Macaraeg received a notice to appear in court.
