Associate David A. Wiseman imposed a no bail condition on Douglas A. Phillip during yesterday’s hearing. Assistant Attorney General Katie Busenkell represented the government.
The respondent was remanded to the custody of the Department of Corrections. The court also ordered the Division of Immigration to assist the respondent on any matters to be completed before he departs the CNMI.
Immigration Investigator Erwin T. Flores filed an affidavit stating that the respondent was convicted for assault with a dangerous weapon on July 29, 2002. The court issued an order of deportation to the respondent on April 4, 2006 but he appealed on the grounds that he is not an alien within the meaning of the Commonwealth Entry and Deportation Act.
The Supreme Court affirmed the trial court’s decision and upheld the deportation order on the respondent in a slip opinion issued on Jan. 30, 2008.
Flores said a query of the Border Management System indicated that the respondent has not departed the CNMI.
Due to the nature of the charge and/or conviction of the respondent, investigators found reason to believe that he will attempt to elude service therefore they requested an arrest warrant.
Flores said the respondent failed to comply with the terms and conditions of his entry and is a deportable alien based on commonwealth law and regulations.
