Judge orders AGO to file habeas corpus for defendant in federal custody

Miah, 36, has been detained at the Department of Corrections facility since his arrest by federal authorities on Dec. 12, 2010 on the charge of unlawful production of CNMI driver’s license.

Miah’s co-defendant in local court, Alam Bhuiyan, 36, was also ordered to attend the status conference. He is currently out on a $100 cash bail and a $900 unsecured or appearance bond.

Miah and Bhuiyan were charged with theft by deception, and conspiracy to commit theft. The offenses occurred on April 8, 2009, the prosecution said.

In another case in local court, the AGO charged Miah and his wife Tahira Miah, 27, with theft of vehicle, and vehicle identification.

The AGO moved that the charges against Mrs. Miah be dismissed without prejudice, which the court granted.

The crime was committed on June 20, 2010, the prosecution said.

On Dec. 16, 2010, Mr. Miah was supposed to change his not guilty plea on three separate cases that were consolidated for adjudication before Judge Govendo: obstructing justice, receiving stolen property, tampering with vehicle, and receiving stolen property, theft of vehicle, tampering with vehicle, and vehicle information.

But the local court was informed by attorney Edward C. Arriola, Mr. Miah’s defense counsel, that his client has been in the custody of the U.S. Marshals Service, and did not have any information as to why he was arrested by the U.S. Immigration and Customs Enforcement.

The AGO through Assistant Attorney General Shelli Neal who is prosecuting the case, and Arriola, have filed a stipulation to consolidate criminal cases filed against Mr. Miah: three offenses committed in 2009 and another three committed in 2010.

Early this year, the grand jury indicted Mohammad Miah; his wife Tahira; William A. Hocog, also known as Bill, an examiner at the Department of

Public Safety’s Bureau of Motor Vehicles; Hongmei Sun, also known as Hongmei; and Hui Qiang Yang, also known as Hui Chang.

They were charged with conspiracy to unlawfully produce and transfer identification card and unlawful production of identification document, according to the indictment.

All the defendants have denied the charges.

Except for Mr. Miah, who has been detained since Dec. 12, 2010, the other defendants were on pretrial release after posting $25,000 unsecured bond.

Their jury trial is scheduled to begin on June 20, 2011.

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