Rowena D. Java filed the complaint for judicial review of agency action against the CNMI Department of Labor through its secretary Gil M. San Nicolas.
Java, through her counsel Stephen C. Woodruff, is asking the Superior Court to set a briefing schedule to process her appeal and set aside or vacate the decision of the Labor secretary as not lawfully issued and hence, null and void without any force or effect. She is also asking the court to grant her transfer relief, as well as other relief the court seems just and proper.
The plaintiff said she was one of the victims of Elenita E. Camacho who held an immediate relative entry permit and had victimized numerous foreign nationals in various schemes included marriage fraud, procurement of counterfeit documents from the Philippines, credit card fraud and filing bankruptcy to avoid a lawsuit filed by some of the victims. The plaintiff said Camacho had fled the commonwealth.
She added that sometime last year, the director of Labor opened a compliance agency case to look into Camacho’s activities. On March 10, 2009, the Labor department granted transfer to nine foreign nationals and denied the transfer of two others, including her.
Java appealed to the Labor and attached a letter from a prospective employer who wanted to hire her immediately on April 6. She said that she was working under a temporary work authorization at the time of the March 10 administrative order. She said that despite her right to appeal, the administrative order imposed the sanction of revoking any status she held and prohibited her from any renewal or extension of her temporary work authorization.
The plaintiff added that on June 11, a Secretary’s Order on Appeal was released but she said that another person and not San Nicolas signed the order. She said that the document was actually signed by deputy secretary of Labor Jacinta M. Kaipat. She said that the position of Deputy Secretary of Labor does not exist in Commonwealth Law and no appointment of someone to such a position can be lawfully made.
The plaintiff said that the function of deciding appeals to the Secretary of Labor is non-delegable, and the June 11 order is not a valid act of the secretary of Labor. She said that the order was issued arbitrarily and capriciously. The plaintiff pointed out several grounds for her petition for judicial review, stating that the purported order of the secretary of Labor was nor lawfully made or issued, that it was an abuse of discretion and not in accordance with the applicable law, contrary to constitutional right and privilege, fell short of the plaintiff’s statutory rights, not supported by substantial evidence and was made without observance of procedures mandated by applicable laws.
The plaintiff said that she had worked productively in the CNMI for over 10 years, contributing to the economy and general welfare of the community. She has four U.S. citizen children who were born on Saipan.
