Ads by Google Ads by Google

ALJ: Filipino woman denied amnesty gets reprieve

The Attorney General’s office has come to an agreement with attorney Martin Geer from the American Samoa Legal Aid Office, who is representing Merlie Gumanab, the Filipino woman whose amnesty application was denied by the Immigration Board, for working illegally.

 

This was made known to Administrative Law Judge Toetagata Albert Mailo, when Assistant Attorney General Vincent Kruse and Geer were before the ALJ for this matter.

 

Last week Gumanab filed an official petition appealing the decision by Immigration, and asked for a stay of the June 3, 2015 decision and order of the Immigration Board, which had denied her application for Amnesty under Public Law 33-14.

 

The petition was against the Immigration Board of American Samoa; Government of American Samoa; Attorney General of American Samoa; and Chief Immigration Officer of American Samoa Peseta Tamasa Dennis Lutu Fuimaono.

 

The petitioner says that Gumanab was eligible for Amnesty and filed an application in February, 2014 for the Amnesty program which was passed by the Fono; and prior to the decision by the Immigration board, petitioner was allegedly subjected to illegal conduct and false misrepresentation by the Chief Immigration Officer.

 

The petition states the CIO told her she had been denied amnesty and allegedly, he  arranged for Gumanab to travel off island to Apia, Samoa where it is alleged she met him at his hotel room, while he was there for a golf tournament in July 2014. According to the petition, “at the hotel room petitioner refused Chief Immigration Officer’s sexual advances.” (See June 19, 2015 issue for more details)

 

During the hearing before the ALJ yesterday morning, Kruse informed the court that there is an agreement on this matter to stay the immigration order denying Gumanab’s amnesty application. Kruse further asked the court to remove the names of the AG and the CIO as parties to these proceedings. “The reason being is that the petitioner is challenging the ruling of the Immigration board, and in the petitioner’s petition they have made no type of references that the AG and the CIO had some hand in this — it is just a simple challenge of the Immigration board rulings."

 

“We feel that if that is all this case is about, the pleading should reflect upon the parties,” said Kruse.

 

Geer, in response, made it clear that he had no objection to the motion. “I was able to have some good discussion with Kruse and the AG regarding this and I prefer to draft a stipulation that, if they agree to the stay, we will not be proceeding; there’s no need for a motion as I don’t oppose it.”

 

The ALJ ordered the parties to get together and get the stipulation so they can move forward, but in the meantime he took the matter under advisement.

 

The court was presented with an order to stay the Immigration board’s June 3 decision regarding Ms Merlie Gumanab, which was signed by the ALJ from the bench.

 

According to the order, after reviewing the petitioner’s appellant motion and the AG’s office attorney stating on the record that he had no objection to the said motion, ALJ granted the motion to stay the Immigration Board’s decision.

 

“The order regarding Merlin Gumanab shall be stayed and she shall remain in American Samoa until this matter is disposed of by law."