Judge Patea denies motion to give defendant time to get his ID card
Pago Pago, AMERICAN SAMOA — “The Court will not allow any person to stay in the territory against our Immigration Laws.” These were the words of District Court Judge Elvis P. Patea, when the court rendered its decision this week against a man, an overstayer, convicted of traffic violations.
Eneliko Iupeli was facing two traffic citations; but under a special plea agreement with the government, Iupeli pled no contest to careless driving causing an accident, and the remaining citation was dismissed.
According to the court, Iuepli entered the territory on a 30-day permit last year, and then married a US National. His wife never filed proper legal documents for him.
During sentencing, Judge Patea denied the defense’s motion to continue the matter for 4 weeks, to give Iupeli time to get his Immigration Identification card (ID). Patea told the defense attorney that there are two ways to solve the issue - Iupeli either has to register at the Immigration Office to become a legal alien, or return to Samoa and re-enter using a legal entry permit.
As part of the plea agreement, Iupeli agreed to depart the territory and return when his Immigration papers are ready. His attorney told the Court that Iupeli agrees to depart by next Thursday, and his wife will pay his airfare.
The Court sentenced Iupeli to 15 days in prison and a $100 fine. Sentencing will be continued to Monday for the detention part, but Iupeli has to pay the fine. Judge Patea told Iupeli the reason why the Court is continuing his sentence to Monday, is to give him a chance to depart the territory voluntarily. The Court said it appears Iupeli’s wife dropped the ball by not filing proper papers with the Immigration Office, to show that Iupeli is her legal spouse.
“This is a special message for you Iupeli: if you don’t leave by Thursday next week, your case will be called again and the court will issue its decision on your case. If the court gives its order for you to depart the territory, you will be detained in prison to await the date of your departure,” Patea said.