Stephen Woodruff also said that the federal court on Saipan was invoked because his client, Fu Chen, resides in the CNMI, and most of the officers and agents of the U.S. Department of Homeland Security connected to past and prospective actions and events relevant to this matter are based in the commonwealth.
Designated federal Judge David A. Wiseman issued a temporary stay on Chen’s removal on July 6, several hours before the flight out of Saipan.
Named respondents were Beth Limrick in her official capacity as acting supervisor of Enforcement and Removal Operations, and the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Chen was earlier ordered to report to the U.S. Immigration and Customs Enforcement on Tuesday in preparation for his removal to China, “and thereafter to be held in custody under or by color of the authority of the United States until his removal is effected,” Woodruff said.
Chen’s detention and impending removal was “based on misinterpretation and misapplication of…the Consolidated Natural Resources Act of 2008…and violations of substantive and procedural due process,” Woodruff added.
On July 1, 2011, Immigration Judge Dayna Beamer denied Chen’s petition for a stay of removal.
Woodruff said his client entered the CNMI lawfully and held a long-term business entry permit at least until Dec. 10, 1998.
Chen invested more than $50,000 in the CNMI “but ultimately was cheated out of his investment by Juan C. Cabrera,” Woodruff told the court.
Chen pursued legal remedies but had difficulty doing so and to petitioner’s understanding Cabrera passed away before Chen could realize any recovery, Woodruff argued.
Chen “borrowed in China the money he invested in the CNMI and fears imprisonment in China if he returns without repaying the money he borrowed,” Woodruff said.
“Petitioner maintained lawful status in the CNMI pursuant to the doctrine of Office of the Attorney General v. Rivera, 3 N.M.I. 436 (1993), while he pursued his claim against Mr. Cabrera,” Woodruff said.
“Human trafficking, labor abuse and exploitation of foreign national workers are serious and substantial problems in the CNMI that demand significant attention and, very importantly, remedies or at least relief for victims,” the lawyer said.
Woodruff said his client presented himself “for such relief” to the U.S. Immigration and Customs Enforcement upon the direction of the U.S. Customs and Immigration Services on Saipan “for such relief” on Dec. 21, 2009, but was later served a notice to appear for removal proceedings “only 24 days after the advent of federal immigration control in the CNMI.”
Last April, the Saipan immigration court ordered Chen’s removal for being an “alien present in the United States without being admitted or paroled.”
Chen’s most recent CNMI permit expired in 1998, and he does not claim to have a current valid commonwealth permit.
