By Bryan Manabat
bryan@mvariety.com
Variety News Staff
U.S. Customs and Border Protection has rescinded an expedited removal order against Shu Xiao, reversing a July 25 decision that barred him from reentry for five years.
The reversal followed a motion for reconsideration filed by San Nicolas Law Office, which argued that Xiao’s secondary inspection at the Francisco C. Ada/Saipan International Airport was compromised by the use of an unqualified interpreter.
CBP Director of Field Operations David A. Salazar issued the decision on Nov. 18, citing the totality of circumstances and granting discretionary relief.
Instead of removal, CBP records now show that Xiao withdrew his application for admission, avoiding the severe penalties typically tied to expedited removal.
Xiao arrived on Saipan with a valid CW-1 permit and was questioned through a private ground handling employee rather than a certified CBP interpreter. Miscommunication during the interview led to inconsistencies later clarified through sworn declarations and supporting evidence.
“We are very pleased with the agency’s fair and thoughtful consideration of this matter,” attorney Joey P. San Nicolas said. “The rescission of the removal order restores our client’s ability to move forward with applying for a visa, and we appreciate CBP’s willingness to review the facts carefully and correct the record.”
San Nicolas also expressed gratitude to Director Salazar and the CBP San Francisco/Portland Field Office for their professionalism and diligence throughout the review.
Bryan Manabat was a liberal arts student of Northern Marianas College where he also studied criminal justice. He is the recipient of the NMI Humanities Award as an Outstanding Teacher (Non-Classroom) in 2013, and has worked for the CNMI Motheread/Fatheread Literacy Program as lead facilitator.
