Chief Judge Ramona V. Manglona said the court does not have subject matter jurisdiction to hear Shiano’s petition for habeas corpus.
“It therefore has no jurisdiction to issue a stay of removal” for Shiano, the court said.
A footnote to Manglona’s two-page written order signed on Saturday stated that Shiano was transferred to immigration detention on Guam because the CNMI district court dismissed Shiano’s habeas petition, and transfer of the application for the writ to Guam was “not available.”
“The court has issued a final order…and decision…. Any further remedy must be pursued through an appeal,” Manglona ordered.
She also denied on Friday Shiano’s motion for leave to file a reply out of time regarding the respondents’ response to Shiano’s habeas petition filed by attorney Stephen C. Woodruff.
In this case, Manglona said Shiano’s counsel “does not indicate that he missed the Aug. 15 filing deadline because of a clerical error or some other circumstance outside his control.”
“While it appears he had issues with time management, scheduling challenges are part of the profession. Most of all, counsel provides no explanation for why he waited eight days after the deadline to ask the court for permission to file out of time. This neglect was inconsiderate to opposing counsel and to the court, who also must manage their workload and limited resources,” Manglona said.
On Sept. 7, 2011, Manglona issued an order denying Shiano’s petition for writ of habeas corpus and lifted the temporary stay of removal.
Shiano has been convicted of two or more criminal offenses for which the aggregate sentences to confinement were five years or more.
