THE Superior Court has ordered that all aliens lawfully admitted to the CNMI and now hold or formerly held an entry permit under Immigration Category 240K as of Nov. 27, 2009 will be issued an umbrella permit under Category 240K.
Associate Judge David A. Wiseman in his four-page order yesterday said this include aliens who have pending petitions for judicial review stemming from the Department of Labor.
Wiseman said the Attorney General’s Office will prepare and certify a list of persons eligible under the Category 240K by last name, first name, LIDDS number and case number and circulate that list to each lawyer who has entered an appearance in any case covered by his order.
Wiseman said any objections to the AG’s list will be heard at the status conference to be scheduled.
The list will be delivered by the AG to the Department of Labor administrative hearing officer no later than 2 p.m. on Nov. 16, 2009 so that issuance of the umbrella permits can proceed in an orderly manner before the Nov. 27 deadline, the judge added.
Wiseman said his order will have no effect on the litigation of the pending judicial review cases.
Wiseman said based on Public Law 15-108, “A foreign national worker who is required to exit the commonwealth shall be permitted to remain in the CNMI for a period not to exceed 30 days in order to pursue a civil or criminal claim, and to pursue any violations of any commonwealth labor law.”
The law further stated that “after the filing of an action, the 30-day period may be extended and departure stayed by a hearing officer or court of competent jurisdiction as necessary to ensure that due process rights are protected.”
Wiseman said the court has authority to issue “all other writs and orders necessary and appropriate to the full exercise of its jurisdiction.”
He said the CNMI has adopted a protocol for transition and procedures for documenting the status of aliens in the CNMI before the scheduled transfer of immigration control to the federal government on Nov. 28.
“An alien has a recognized due process right under the CNMI law to remain in the commonwealth as necessary to meaningfully pursue his case, and is thus ‘lawfully present’ in the CNMI during that time,” he added.
