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Immigration records don't jibe with story told by suspected overstayer

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Pago Pago, AMERICAN SAMOA — An overstayer from Samoa who told the court last week that his wife has already filed papers with the Immigration Office to renew his immigration status has been remanded to custody without bail until his next hearing, set for next Friday, Oct. 5th.

Tulituli Siliga appeared twice — last Tuesday and Wednesday — before District Court Judge Fiti Sunia for a Status Hearing.

He is charged with one count of public peace disturbance and third degree assault, both class A misdemeanors. He was arrested on Aug. 02, 2018 and made his initial appearance in court the following day.

But due to his illegal immigration status, Sunia ordered that he be remanded in custody without bail to await a follow up hearing on Aug. 23.

On that day, Siliga failed to appear in court and his attorney, Assistant Public Defender, Ryan Anderson informed the court that Siliga did not answer the phone when he called to inform him of his hearing.

According to Sunia, Siliga was remanded to custody because of his illegal immigration status. But Anderson explained that his client was released after his initial appearance on Aug. 03

A subsequent court hearing was then scheduled for Sept. 26 but when Siliga's name was called, he wasn't present in court. It wasn't until later, towards the end of the court's calendar that day, that Siliga was escorted in by a Territorial Correctional Facility guard.

When Sunia asked Siliga where he was, the defendant said he was in custody since he was arrested on Aug. 3

Sunia looked at Anderson and told him that he was calling Siliga, while Siliga was sitting inside a cell at TCF.

When Sunia asked the defendant about his immigration status, Siliga said his sponsor is off island.

“You told the court during your first hearing that your sponsor is a person by the name of Faapoi Faapoi. Is that right?” Sunia asked. Siliga said yes, adding that his sponsor is from Nu’uuli but currently off island.

“You also told the court that you are married, and your wife is working at the cannery,” Sunia continued. Siliga said his wife is a US National.

Sunia looked confused. He asked Siliga, why he needs a sponsor when his wife is a US National.

Siliga said his wife has already filed a petition to the Immigration Office to take over  sponsorship from Fa’apoi.

During Siliga’s second hearing on Sept. 27, an immigration officer testified that according to their records, Siliga is not married. He added that the Immigration Office had never received any petition from anybody in an effort to take over Siliga's sponsorship from his current sponsor, Faapoi.

Sunia asked Siliga, “Are you lying to the court?” Siliga only shook his head but didn't say a word.

“Alright, your next hearing is Oct. 5. If you have any papers to prove your situation, bring it with you when you come to court that day. For now, you’re remanded to custody without bail,” Sunia ordered.

MAREKO LOLOGA

A young man with two outstanding bench warrants from the High Court was arrested  for allegedly trying to break in to a vehicle at the LBJ parking last Thursday afternoon.

Mareko Lologa made his initial appearance in District Court last Friday morning where Judge Fiti Sunia ordered him to be released on his own recognizance under certain conditions, including making all of his court appearances and being in close contact with his attorney, Assistant Public Defendant Ryan Anderson.

Lologa is being charged with attempted stealing and public peace disturbance, both class A misdemeanors.

According to the government’s case, an eyewitness contacted police from the LBJ parking lot Thursday afternoon, reporting that someone was trying to break in to a parked vehicle at the LBJ parking lot.

Several police officers arrived and found Lologa near the scene. While processing him for booking, police officers discovered that the defendant has 2 outstanding warrants from the High Court for failure to comply with conditions of his cases from 2015 and 2016.

Before he made his initial appearance in District Court, Lologa appeared in High Court for an Order to Show Cause (OSC) hearing, where Chief Justice Michael Kruse ordered him to be released on his own recognizance to await his next court appearance next month.

FERETI TAUVAO JR

Last week, District Court Judge Fiti Sunia sentenced Fereti Sauvao Jr. to 10 days behind bars, after he was convicted of public peace disturbance while on probation.

“This is how things work in this courtroom; once you violate a condition of your probation, we’re no longer talking about counseling, we’re talking about jail terms, and that’s what you get for disobeying the court's order," Sunia said.

“So, if you want to try the court again, go ahead because your next conviction will be higher than this one,” Sunia told Sauvao Jr. during sentencing last week.

Sauvao Jr was on probation for 6 months after he was convicted last year of public peace disturbance, a class B misdemeanor. One of the many conditions of his probation included keeping the peace with his girlfriend and remaining a law abiding citizen.

Before the end of last year, police re-arrested the defendant on another PPD charge for which he was convicted last Friday, the same date he was sentenced to 10 days incarceration as a condition of violating his 12-month probation.

Sauvao Jr. will have to spend 5 weekends at the TCF to cover his 10-day detention period.

He was ordered to report to the TCF on Friday (Sept. 28) at 6 p.m. and be released on Sunday at 6 p.m. starting last weekend, until the last weekend of this month, Oct. 26- 28, 2018.

TOALA MOLESI

The District Court sentenced Toala Molesi to 12 months probation last week after he pled guilty to two misdemeanor counts of trespassing on land belonging to a neighboring family, and third degree assault, under a plea agreement with the government.

According to court information, Molesi’s family got into a dispute with a neighbor, resulting in the accused going to the neighbor’s property and assaulting a male.

Prior to being sentenced, Molesi apologized to the court for his actions. District Court Judge Fiti Sunia said Molesi’s actions could have resulted in a more serious outcome, affecting the defendant’s life, as well as causing trouble in the neighborhood.

Among the conditions of Molesi’s probation is that he pay a $115 fine within 90-days of being on probation, and he must maintain the peace with his neighbors, be a law abiding citizen, and attend and complete anger management counseling.