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Parties in immigration case update US court

THE administrative steps outlined in the agreement between a businessman and U.S. Citizenship and Immigration Services are still in process, according to the parties’ third joint status report filed in the District Court for the NMI on Thursday.

Ho Jin Yoon, owner of Payless Supermarket, San Jose Market, and 99 Cents Super Market, through his attorney Janet King, is trying to get his U.S. immigration status reinstated after petitioning the court for judicial review of the denial of his naturalization application.

Yoon sued U.S. Attorney General Jefferson B. Sessions III, then-Department of Homeland Security Secretary Jeh Johnson, then-USCIS Director Leon Rodriguez, and Stephen Green USCIS district director of the CNMI/Guam field office.

Sessions is automatically substituted as a party pursuant to Federal Rules of Civil Procedure 25 (d).

On Oct. 20, 2016 the parties executed a settlement agreement which called for each party to make administrative steps toward Yoon’s filing of a new I-90 application to replace his permanent resident card with USCIS.

USCIS’s adjudication of the plaintiff’s application, if favorable, will lead to the agency’s issuance of a new I-551 permanent resident card or green card for Yoon.

According to the third status report, the administrative steps outlined in the agreement are still in process and that the counsels for the parties continue to communicate on the matter. It added that the parties agree that the matter is proceeding satisfactorily.

The parties will provide the court with another joint status report in 90 days if they have not stipulated to dismissal Yoon’s lawsuit by that time.

King, in her petition for judicial review, said Yoon was granted U.S. permanent resident status on Dec. 6, 1988 in Los Angeles, California.

Yoon then moved to Saipan, which at that time was not part of the U.S. for immigration purposes.

On Sept. 10, 2002, Yoon was deferred for inspection at the Guam International Airport and was questioned about his time outside the U.S. in excess of one year which could have amounted to abandonment of his permanent resident status.

Yoon was offered the option to either appear before an immigration judge or to sign form I-407, a record of abandonment of lawful permanent resident status. Yoon opted to sign the form.

In 2008, the Consolidated Natural Resources Act was enacted into law, and extended U.S. immigration laws in the CNMI.

King said section 70(c) of the CNRA provides that “except for the purpose only of determining whether an alien lawfully admitted for permanent residence has abandoned or lost such status by reason of absence from the U.S., such alien’s presence in the commonwealth before on or after the date of the enactment of this act shall be considered to be present in the U.S.”

USCIS denied Yoon’s application for naturalization on July 10, 2014 based on his voluntary surrender of his permanent resident status on Sept. 10, 2002.

Source: Marianas Variety : http://www.mvariety.com/cnmi/cnmi-news/local/98610-parties-in-immigration-case-update-us-court

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