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Incomplete records & info for illegal aliens causing a headache for the Court

Associate Justice Fiti Sunia
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — The incomplete records and information from the Immigration Office regarding the status of illegal aliens convicted of criminal offense is giving the High Court of American Samoa a headache when trying to fulfill its obligations, especially concerning sentencing.

As a result, Associate Justice Fiti Sunia has ordered subpoenas for the Chief Immigration Officer, Fagamalama Fualaau and her assistant to appear in Court in September 2021.

The problem, according to the court, is that every time an illegal alien appears in court for sentencing after being convicted of a felony crime, the court orders that person to depart the territory and remain outside of its borders for the period of probation as a condition of their probation.

However, there are cases where some illegal aliens have appeared for sentencing, but it has had to be continued several times because the court is unable to render its decision due to the incomplete records and information from the Immigration Office.

Further, some illegal aliens do not have the proper travel documents to travel back to Samoa while others don’t have a return ticket.

There are other cases also where it appears that a new sponsor is stepping forward to take the responsibility of sponsorship, but the problem is, Immigration is unable to track down the old sponsor — and sometimes Immigration does not even have a record or information of the old sponsor.

On the issue of return fares for some illegal aliens, Immigration is unable to provide proof of a copy of the receipt for the bond this specific alien paid when she or he entered the territory on a 30-day entry permit.

These problems came to light once again, yesterday, in court, when two overstayers from Samoa appeared before Associate Justice Fiti Sunia for sentencing.

Sauipuapuaga Lemusu and Alofa Filipo are still in custody since the day of their arrest due to their ‘no bail’ status. Assistant Public Defender, Ryan Anderson appeared on behalf of both defendants while Assistant Attorney General, Kristine Soule is prosecuting the case.

LEMUSU’S CASE

When Lemusu’s case was called, the government’s attorney informed the court about the current situation. She stated that there was a request by the defendant’s new sponsor to transfer the sponsorship from the old sponsor. However, when he spoke to the Attorney General about the proper procedure of transferring the sponsorship, the AG was not aware of such a request.

Sunia wanted to know if there was a report about the attempt to transfer sponsorship by the defendant’s family. Both parties didn’t have an answer.

Defense attorney said Immigration has a difficult time trying to track down his client’s old sponsor to inform that person about the new move. According to Immigration, the only information they received was that Lemusu’s old sponsor is off island.

Even the defendant himself did not know that his sponsor is now residing off island.

Anderson added that his client’s new sponsor is willing to take up the task but the old sponsor needs to sign the transfer form according to Immigration’s proper procedure. He said that there was a letter given to Immigration by the new sponsor to inform them about their willingness to sponsor Lemusu, but there is still no solid answer at this time.

After hearing statements from both parties, Sunia then said that the court is going to issue a subpoena to the Chief Immigration Officer (CIO) to come and advise the court about the continuance problem when dealing with records and information of illegal aliens appearing before the court for sentencing.

The court was informed by Soule that the CIO is off-island. Sunia then ordered the subpoena be issued for both the CIO and her assistant. However, in the near future when issues like this happen, the court will no longer go one step downward, but go for one step upward, which means, the court will subpoena the Attorney General next time.

Sentencing for Lemusu is continued to Sept. 2nd, 2021.

BACKGROUND

Lemusu was convicted by the Court two moths ago for the crime of unlawful possession of methamphetamine (meth), a class D felony. Lemusu’s convictions stems from a traffic stop in front of a gas station in Malaloa on the evening of June 22, 2020, after officers observed a vehicle on the public highway with only one headlight.

Two officers patrolling the area stopped the vehicle and moments later the DPS Vice and Narcotic K9 unit also arrived at the location and were able to assist the two officers during the traffic stop.

The driver was later identified as Sauipuapuaga Lemusu, the defendant in this case.

When asked for his driver’s license, Lemusu did not have a driver’s license nor any other form of identification on his person.

Lemusu was then informed by officers that he would be taken to the Fagatogo Police Station (FPS) in order to contact family members to bring verification of his identity. However, when Lemusu was patted down per normal routine, police found a glass pipe commonly used to smoke meth on Lemusu’s person.

When asked what it was, Lemusu replied to the officer in Samoan, “o le paipa e ula ai le aisa” — translation “it’s a pipe used to smoke ice” also known as meth.

Lemusu was then detained, and on the way to the FPS, Lemusu informed the police sergeant who was driving his vehicle about illegal drugs inside his pocket and he wanted the officer to remove the illegal drugs away from his person because both of his hands were cuffed.

Upon arrival at the FPS, the police sergeant who spoke with Lemusu regarding the illegal drugs approached the lead investigating officer and told him what the defendant had told him.

Lemusu confirmed to the lead investigator the information he told the police sergeant and told him that he had two straws containing meth inside his right side pants pocket. Officers reached inside Lemusu’s right pocket and found the two straws containing white crystalline substance, which later tested positive for meth.

According to Lemusu’s verbal and written statement to investigators, he bought the ice from “V” who works for EMS in Faga’alu. He bought two straws worth about $50 (which was $25 each) from “V” at his place of work at the EMS compound in Faga’alu across from the LBJ Medical Hospital.

Lemusu further stated to police that he usually buys meth from “V”, twice a week.

Cops searched V’s work place at EMS compound and nothing was found.

FILIPO’S CASE

For Alofa Filipo’s case, the court was previously informed that both parties are working together with Immigration to finalize the defendant’s travel document to allow him to travel. This was the same announcement to the court by the defendant’s attorney when Filipo appeared in Court last month for sentencing.

Sunia told Anderson that the court also received the copy of the defendant’s bond receipts from Immigration with the name of the sponsor on the receipts. According to his memory from the limited time with the Immigration office in the past, the purpose of the bond is for the alien’s return fare.

Sunia wanted to know whether this defendant has family in Samoa and whether he knows his sponsor’s whereabout. Anderson said even his client himself doesn’t know where his sponsor is. Filipo’s immigration status expired in 2017 and the sponsor never bothered to renew it.

Sunia made it clear that it is not the court’s job to try and figure out how to get to the bottom of this matter, however, the court and both parties are working together to figure it out how this person can be returned to his homeland.

Filipo’s sentence is continued to Sept. 2nd.

BACKGROUND

Filipo was stopped for speeding which cascaded into a run of bad luck for the defendant, mostly of his own making: First, he did not have a driver’s license, and when apprehended, allegedly punched and kicked a police officer while resisting arrest;  Second, when the vehicle he was driving was searched at the police station illegal drugs were allegedly discovered; and Third, in court, he was found to be an overstayer from Samoa.

Filipo is charged with one count of unlawful possession of methamphetamine (meth); and one count of unlawful possession of marijuana, both felonies. Due to Filipo’s illegal immigration status and the seriousness of the allegations against him, the court ordered that he remain in custody without bail.

He pled guilty to unlawful possession of meth while the remaining charges were dismissed as part of the plea agreement with the government.

The government claims that it was in the early morning of Nov. 21, 2019, that the traffic stop of a vehicle was made in the Tafuna area for speeding. Officers observed the vehicle swerving and overtaking vehicles as it made a wide turn into the Fogagogo road.

After he was Mirandized at the Tafuna Police Station, the suspect refused to make a statement to police, saying his head was hurting from the scuffle and he did not want to talk.

The white crystalline substance allegedly discovered the vehicle tested positive for meth while the green leafy substance tested positive for THC, an active ingredient in marijuana.