In a six-page order, Associate Judge David A. Wiseman said James Kintaro, who was charged last year with the rape of a minor student on Rota, “is a citizen of the CNMI, and he is not subject to deportation.”
This case was heard on Oct. 23 where the government was represented by Assistant Attorney General Kathleen Busenkell. Jane Mack of the Micronesian Legal Services Corp. appeared on behalf of Kintaro.
The government argued that Kintaro is subject to deportation for two reasons — first he is a citizen of the Republic of Palau, and second, he has been convicted of five misdemeanors including assault and battery on two separate occasions, two counts of criminal mischief and disturbing the peace.
The respondent did not dispute his criminal convictions, or his Palauan citizenship, but his counsel argued that he is also a citizen of the CNMI and not subject to deportation.
The government argued that without a U.S. passport, the respondent could not claim CNMI citizenship.
According to Wiseman, the respondent must show that he was a citizen of the Trust Territory of the Pacific Islands on the day preceding the effective date of the Covenant, which was on Nov. 4, 1986; and that he was domiciled continuously in the NMI for at least five years immediately prior to that effective date; and that he was not of voting age or registered to vote in an election prior to Jan. 1, 1975.”
The respondent was born in Palau in 1962 but he arrived in the NMI in 1971. He departed in 1974 and returned in 1979. He has remained in the CNMI since then.
The court states that this is clear evidence that the respondent was a citizen of the TTPI prior to 1986.
Evidence also showed that the respondent stayed, worked, voted and paid Social Security in the CNMI from 1979 to 1986, and that he was not of voting age in 1975.
