JINLUAN Xu, a farmer who has resided on Saipan continuously for 24 years, has obtained the relief he has been seeking and has requested the federal court to dismiss the lawsuit he filed against U.S. Citizenship Immigration Services and the Department of Homeland Security over the rejection of his long-term legal resident application.
Represented by attorney Samuel Mok, Jinluan Xu, a citizen of the People’s Republic of China, has filed a notice of voluntary dismissal of his lawsuit.
Chief Judge Ramona V. Manglona of the District Court for the NMI on Tuesday granted Xu’s motion and dismissed the lawsuit without prejudice.
The judge directed the clerk of the court to close the case.
She also noted that although proof of service had been filed, none of the respondents filed an answer to the petition or a motion for summary judgment.
In his lawsuit, Xu petitioned the District Court for the NMI to issue a writ of mandamus directing USCIS to accept and process his I-955 and I-765 applications for status pursuant to the Northern Mariana Islands Long-Term Legal Residents Relief Act.
Signed by President Donald Trump on June 25, 2019, the Act allows certain aliens who have resided continuously and lawfully in the CNMI since Nov. 28, 2009, to remain in the Commonwealth.
The deadline for submitting these documents was Aug. 17, 2020.
Mok said his client timely attempted to file his applications for status prior to the deadline.
“However, petitioner’s applications were wrongfully rejected twice with both rejections based on erroneous grounds as described in this petition,” the lawsuit stated. “Petitioner’s attempts to resolve these erroneous rejections was unsuccessful with petitioner not receiving any responses to his written requests for relief to USCIS.”
Xu asked the court to mandate that the respondents accept and process the petitioner’s applications for status that had been wrongfully rejected.
“Petitioner is not asking that the court decide his applications for status,” the lawsuit stated.
Xu grows fruit and vegetables on a farm in As Lito area. His customers include many local restaurants and private individuals. He is particularly known for growing watermelons and honey melons that are highly sought after.
Xu is the father of a U.S. citizen son who was born on Saipan on Jan. 22, 2006.
Xu has resided continuously and lawfully in the CNMI from Nov. 28, 2009 through June 25, 2019 and meets the statutory criteria for being eligible for CNMI long-term resident status.
