In his 21-page memorandum opinion and order, visiting Judge Mark W. Bennett said the first amended complaint filed by Yu Hua Jin Aquino stated “no claims upon which relief can be granted” and “must be dismissed in its entirety.”
Moreover, Bennett said “there is no showing that allegation of other facts consistent with the challenged pleadings could possibly cure the deficiencies in these claims, or Aquino has waived the opportunity to cure the deficiencies, so that the dismissal of these claims must be with prejudice.”
Aquino, through her lawyer Stephen Woodruff, sued then- Corrections Commissioner Dolores San Nicolas, Corrections Director Gregory F. Castro, then-Assistant Attorney General Kathleen Busenkell, the CNMI government, and 10 “Does.”
According to Aquino’s first cause of action in her first amended complaint, her due process rights were violated when she was detained beyond the term of her sentence, without a review of that detention by a judge, instead of being immediately deported.
The defendants, represented by the Attorney General’s Office, and Braddock Huesman for Busenkell, contend that Aquino’s reiterated claims still fail to state a claim upon which relief can be granted.
Bennett ruled that “the court agrees with defendants that Aquino’s attempt to recast…her due process claim as detention for even a moment past the end of her criminal sentence, rather than as a claim based on detention for 88 days past the end of her criminal sentence, does nothing to establish a legal basis for her due process claim.”
“Detention of an alien pending deportation, without a bail hearing, for up to six months does not offend due process…and…detention for any shorter time, such as a day or 88 days, plainly also does not,” Bennett added.
On Aquino’s emotional distress claim, Bennett said “there was no due process violation in Aquino’s continued detention pending deportation without judicial review.”
The court further concluded that this claim “also fail[ed] as a matter of law and must be dismissed.”
This time, the court stated, the dismissal of this claim will be with prejudice, which means that it cannot be filed again.
Bennett also dismissed with prejudice Aquino’s “new” claims such as breach of contract, and tortious breach of duty.
Aquino, who pleaded guilty to “ice” charges after her arrest in 2008, was not immediately deported after she completed her incarceration as ordered by the Superior Court.
She was classified as an immigration detainee which warranted her continued detention.
