But Bennett also granted Yu Hua Jin Aquino leave to amend the claims in her complaint.
“If Aquino fails to amend her complaint within 90 days, her complaint…shall be dismissed in its entirety without prejudice,” Bennett said in his ruling yesterday.
He ruled that “although 88 days imprisonment could certainly be considered outrageous in certain circumstances, the circumstances in this case cannot reasonably be regarded as extreme or outrageous.”
He added, “Instead, such detention has been found reasonable under the circumstances, the period twice as long as that Aquino endured…. Rather than being extreme or outrageous the United States Supreme Court has found such detention as the ordinary period of time required to deport an alien.”
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.
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.
