Manglona rescheduled yesterday’s hearing for Nov. 22, 2011, five days before the expiration of the CNMI-issued umbrella permits.
She granted the motion for continuance of hearing filed by U.S. Department of Justice senior litigation counsel Theodore W. Atkinson of the civil division’s office of immigration litigation, based in Washington, D.C.
In his motion, Atkinson said: “It is clear that the plaintiffs disagree with the implementation of the CW final rule, and have serious qualms, from their perspective, as to how the CW final rule is being implemented. But what remains unclear is the legal underpinning for this action and the grounds for preliminary injunction.”
Atkinson said the litigants “are entitled to substantial latitude with respect to how they negotiate the procedure shoals of federal district court litigation. They are not, however, entitled to latitude with respect to their burdens in court. And the only thing plaintiffs have offered — and thus the only thing the government has before it with respect to the basis for a preliminary injunction — is the complaint, which contains, at best, vague assertions of injury and unspecified violations of law.”
Atkinson said the U.S. government opposes a preliminary injunction. He asked the federal court for additional time to consult with his clients, analyze the allegations, fully appraise the court as to the bases for the U.S. government’s position, and to prepare for the hearing.
The petitioners are Gerardo De Guzman, Hector Sevilla, Carlito Marquez, Bonifacio Sagana, Eduardo Elenzano, Lee Jong Ho and Manuel Vilaga.
They are foreign workers in the CNMI or U.S. citizen engaged in small-scale contracting business who said they are “adversely affected by the full-implementation of the CW final rule.” Some of the petitioners have children that are U.S. citizens or have long-term workers in the CNMI.
Named respondents were U.S. Department of Homeland Security Secretary Janet Napolitano; U.S. Citizenship and Immigration Services District Director David Gulick; U.S. Department of Labor Secretary Hilda Solis; and U.S. Department of Labor District Director Terrence Trotter.
