Mtoched v. Lynch

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Petitioner, a citizen of Palau and resident of the Commonwealth of the Northern Mariana Islands (CNMI), petitioned for review of an order of removal based on his conviction for assault with a dangerous weapon under CNMI law, 6 N. Mar. I. Code 1204(a). Petitioner contended that the order violated CNMI's right to self-government and was an impermissible retroactive application of law. The court rejected these challenges, concluding that the United States immigration laws may properly be applied and enforced within CNMI to petitioner even though he entered that territory, committed the crime, and suffered the conviction upon which the removal order is based prior to the extension of United States immigration laws to the Commonwealth. The court also concluded that the conviction was for a crime involving moral turpitude and rejected defendant's contention that he is eligible for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act, 8 U.S.C. 1182(h). Accordingly, the court denied the petition for review. View "Mtoched v. Lynch" on Justia Law