Associate David A. Wiseman also set hearing to show cause for the respondent, Marissa O. Mejia on Jan. 8, 2009.
Assistant Attorney General Kathleen Busenkell represented the government while attorney Stephen Woodruff appeared on behalf of the respondent during the hearing on Dec. 4, 2008.
Mejia filed a motion for relief from deportation and dismissal, arguing that “the court should exercise discretion and decline her deportation because of hardship as permitted by… federal immigration laws, and because she has not yet paid the victims.” She argued that if she will be deported, she would only frustrate her duty to the victims.
Mejia’s motion was opposed by the Attorney General’s Office.
The court stated that Mejia has been convicted of two felonies and subject to deportation.
The AGO stated that Mejia’s inability to pay the victims is inconsequential to her status as a deportable alien. The court further said that it has no authority to grant the relief requested.
Wiseman said that from this time until June 2009, the “Commonwealth Legislature exercises plenary power with respect to immigration matters, and the courts are duty-bound to apply only the immigration laws of the commonwealth.”
Wiseman stated that the trial court must assess whether an alien is factually deportable.
Records showed that Mejia’s three-year old daughter, a U.S. citizen, had serious liver disease surgery when she was born, and because of the risk for chronic liver disease, CNMI doctors said the child’s liver must be evaluated by blood testing every four to six months.
Wiseman said the plight of the respondent and her daughter’s health is not lost on the court but there is no evidence that her daughter will not receive the necessary treatment in the Philippines or as a U.S. citizen if she remains in the CNMI.
On Jan. 27, 2005, the government filed an information charging the Mejia with 63 counts of theft by deception. She entered into a plea agreement and pled guilty to two counts of felonies and was sentenced to two years imprisonment with the entire sentence suspended. She was placed on probation for two years and was required to pay $16,287.93. To date, Mejia has only paid $190.
The victim submitted a letter to the Office of Adult Probation on Oct. 23, 2007 and reported the defendant’s failure to pay the restitution and fines, as well as failing to keep the appointments with the probation officer.
Three years ago, the immigration office sought Mejia’s deportation after immigration investigators found her overstaying in the CNMI for eight months after her entry permit expired on June 27, 2005.
Labor records showed that Mejia used to work for Philpan International and Eight Corp. where she was terminated from employment after being accused of embezzlement and theft by deception.
