THE U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services have requested the federal court to give them 90 days to respond to a complaint over rejected CNMI long-term legal residency applications.
USCIS, represented by the U.S. Attorney’s Office for the Districts of Guam and the NMI, on Wednesday stated that the parties had negotiated a possible resolution of the case as of April 23, 2021, but they needed more time to carry out the proposal.
According to the U.S. Attorney’s Office, the plaintiffs will re-file their applications under the Northern Mariana Islands Long-Term Legal Residents Relief Act, and DHS-USCIS will process the re-filings.
“It is projected that this process can take at least 90 days from the receipt of the re-filings, and therefore, defendants request a 90-day extension to respond to the complaint to allow the agency time to expeditiously process the re-filings and then negotiate to determine if the case is thereby resolved,” the U.S. Attorney’s Office stated.
There are now 12 individuals suing DHS Secretary Alejandro Mayorkas and USCIS Director Tracy Renaud over the rejection of the plaintiffs’ CNMI long-term legal resident applications.
The original nine plaintiffs are Christine C. Pramis, Christopher R. Manalo, Cesar G. Lopez, Aliilua Panapa Peteru, Veisinia Tilisa Peteru, Pacifico C. Rivera, Ferdinand D. Arago, Anthony M. Alegre and Nimfa T. Tan.
Represented by attorney Steven Pixley, they filed a petition for a writ of mandamus on Feb. 24, 2021.
A couple, Samarn Chaikhamjan and Kraisorn Chaijaroen, through attorney Joseph Horey, have also filed a motion to intervene as plaintiffs in the civil complaint.
On Wednesday, Maria Gloria Balila, through attorney Joe W. McDoulett, filed a motion to intervene in the original lawsuit.
Pixley said the plaintiffs are not asking the court to adjudicate their eligibility for the long-term residency status.
Rather, he said, “they respectfully seek…an order from the court mandating that [DHS-USCIS] process their applications which were wrongfully rejected.”
On June 25, 2019, then-President Donald Trump signed into law the NMI Long-Term Legal Residents Relief Act which allows certain aliens who have resided continuously and lawfully in the CNMI since Nov. 28, 2009, to remain in the CNMI.
