CHIEF Judge Ramona V. Manglona of the District Court for the NMI on Tuesday dismissed the complaint of Sukesh Chandra Barman against U.S. Citizenship and Immigration Services for denying his CNMI residency or NM-1 application.
At a hearing, Judge Manglona informed the parties that the court does not have jurisdiction to entertain Barman’s petition.
She then granted the USCIS motion to dismiss for lack of subject matter jurisdiction.
Barman, represented by attorney Joseph Horey, filed a complaint for judicial review and declaratory and injunctive relief against USCIS.
The lawsuit named Rebecca Maliuwelur, in her official capacity as director of USCIS Guam field office, as respondent.
Barman wants the federal court to issue an order declaring that his application met all the statutory criteria of eligibility for CNMI residency status as set forth in the Northern Mariana Islands Long-Term Residents Relief Act or U.S. Public Law 116-24.
He also wants the court to order the USCIS Guam field office to approve his application and grant him CNMI residency status and issue him all appropriate documentation evidencing such status.
Horey said the “grant of NM-1 status to plaintiff was unlawfully withheld by the [USCIS Guam field office] Director, and the denial of his application was short of statutory right and not in accordance with law. In particular, the Director’s finding that Plaintiff had not ‘resided continuously and lawfully’ in the CNMI for the requisite time period was erroneous as a matter of law and resulted from a misconstruction of the Relief Act.”
But according to U.S. DOJ Attorney Samuel Go, the U.S. Congress, in passing the Northern Mariana Islands Long-Term Legal Residents Relief Act, also amended 48 U.S.C. § 1806(e)(6)(D), “which states: (D) JUDICIAL REVIEW.—Notwithstanding any other law, no court shall have jurisdiction to review any decision of the Secretary of Homeland Security or the Attorney General on an application under this paragraph or any other action or determination of the Secretary of Homeland Security or the Attorney General to implement, administer, or enforce this paragraph.”
Go added, “While Congress provided for certain CNMI residents to obtain NM-1 status in enacting 48 U.S.C. § 1806(e)(6), it expressly divested federal courts of jurisdiction to review denials of NM-1 applications in enacting 48 U.S.C. § 1806(e)(6)(D). Accordingly, as 48 U.S.C. § 1806(e)(6)(D) expressly divests this court of jurisdiction to review the denial of Plaintiff’s NM-1 application, this court should dismiss this case for lack of subject matter jurisdiction.”
Background
On or about June 25, 2019, the Northern Mariana Islands Long-Term Residents Relief Act or U.S. Public Law 116-24, having been enacted by Congress, was signed into law by President Donald Trump.
The Relief Act established a new federal immigration status, known as NM-1, for long-term residents of the CNMI who met certain qualifications.
Persons with NM-1 status are authorized to reside and work in the CNMI indefinitely without necessity of any other immigrant visa or work visa.
NM-1 status was available for a limited time. USCIS only accepted applications for such status between Feb. 19, 2020, and Aug. 17, 2020.
