During Friday’s hearing, Wiseman granted the motion of Philip A. Douglas after he promised to appear in all scheduled bail hearings and obey commonwealth laws. He was released to a third party custodian pending final deportation arrangements.
Chief prosecutor Kevin A. Lynch appeared on behalf of the government while attorney Steven Pixley represented the defendant.
On Jan. 20, the defendant, who was held at the CNMI Department of Corrections with no bail, filed a request to be released to a third party custodian.
The Supreme Court found the defendant to be a deportable alien as stated in its slip opinion on Jan. 30, 2008.
The Supreme Court ordered the defendan remanded to the custody of the Department of Corrections for deportation.
On Dec. 22, 2008, Wiseman ordered the deportation of the defendant, a citizen of the Federated States of Micronesia, who was convicted of a felony in 2002.
The charges against the defendant stemmed from the complaint affidavit filed by Immigration Investigator Erwin T. Flores who stated that the respondent was convicted for assault with a dangerous weapon on July 29, 2002.
The Superior Court issued a deportation order against him on April 4, 2006 but the defendant appealed to the Supreme Court arguing that he is not an alien within the meaning of the Commonwealth Entry and Deportation Act.
But the higher court affirmed Wiseman’s deportation order.
Flores stated in his affidavit that a query of the Border Management System indicated that the respondent has not departed the CNMI, and that the defendant has failed to comply with the terms and conditions of his entry.
Investigators found reason to believe that the defendant will attempt to elude service due to the nature of the charge and/or conviction, and this is why they requested an arrest warrant.
