In a five-page order, Wiseman said Julius L. Monton, a Philippine citizen, is a deportable alien and should depart from the CNMI.
The judge ordered that any bail posted by Monton will be exonerated on the day preceding his departure.
Monton appeared in court on Feb. 26 represented by attorney Joe Hill. Assistant Attorney General Kathleen Busenkell appeared on behalf of the commonwealth.
On Oct. 23, 2008, the respondent stipulated to deportation during an order to show cause hearing.
The respondent requested for a stay order in the deportation until the summer holiday because his children were enrolled in a local school.
As a compromise, the Attorney General’s Office agreed to stay the execution of the deportation until the winter holiday so his family and his children could join him in the Philippines after the 2008-2009 school year.
But the respondent did not respond to the stipulation or made any contact with the petitioner as of Dec. 26, 2008.
Four days later, the respondent submitted a revised version of the stipulation, changing the deportation to July 1, 2009, a revision which the petitioners opposed.
The respondent argued that he could not be deported until his valid work entry permit was cancelled.
In his order, Wiseman stated that two key facts are undisputed in this matter — first, Monton holds a valid work permit issued on Sept. 2008 which will expire in Sept. 2010.
Second, he has been convicted of three misdemeanors which subject him to deportation.
Wiseman said the respondent’s work entry permit does not limit the execution of deportation.
Monton was convicted of obstructing justice and driving under the influence. He was also found guilty of driving under the influence of liquor in a separate case.
