Office of the Attorney General v. Deala

3 N. Mar. I. 110, 1992 N. Mar. I. LEXIS 17
CourtSupreme Court of The Commonwealth of The Northern Mariana Islands
DecidedApril 24, 1992
DocketCIVIL ACTION NO. 91-358
StatusPublished

This text of 3 N. Mar. I. 110 (Office of the Attorney General v. Deala) is published on Counsel Stack Legal Research, covering Supreme Court of The Commonwealth of The Northern Mariana Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Office of the Attorney General v. Deala, 3 N. Mar. I. 110, 1992 N. Mar. I. LEXIS 17 (N.M. 1992).

Opinion

OPINION

BORJA, Justice:

This is an appeal by Arturo D. Deala (hereafter Deala) from an [112]*112order of the trial court concluding that he is deportable under 3 CMC § 4340(e), pursuant to a finding made under 3 CMC § 4434(g). For the reasons stated herein, we vacate the order of deportation.

FACTS

Deala was a non-resident worker employed on Rota. His' work permit expired on January 8, 1988. Upon expiration of his employment contract, his employer gave him a return ticket to the Philippines by way of Saipan.

Deala went to Saipan. But instead of catching his connecting flight to the Philippines, he stayed on Saipan and filed a labor complaint against his former employer on February 16, 1988, in the Department of Commerce and Labor (hereafter Labor). Labor advised him that he had the responsibility of remaining in contact with Labor.

Stan Benavente (hereafter Benavente) of Labor was assigned as investigator of the case about 2 months after the filing of the complaint. He interviewed Deala and the employer. Benavente advised Deala to remain in contact. After such interviews, he believed that Deala's complaint was frivolous.

Several months later, Benavente encountered Deala working illegally as a security guard at the Nikko Hotel. He instructed Deaia to come to Labor to discuss his case. Deala did not appear as requested.

Labor Hearing Officer Felix Fitial granted Deala a Temporary [113]*113Work Authorization on August 29, 1988. This was after Benavente observed Deala working at the Nikko.

Benavente failed to put in writing the result of his investigation, i.e., that there was no violation. The Chief of Labor also failed to make a written decision as required by law.

The Chief of Labor saw Deala on Saipan in November 1990. Labor then notified the Immigration Office.

The Immigration Office initiated the deportation process on April 29, 1991. The matter came before the court on May 15, 1991, on an order to show cause why Arturo D. Deala should not be deported. David A. Wiseman represented Deala at the hearing.

After hearing testimony, and after reviewing the petition, motion, and declaration, and hearing argument of counsel, the court made the following findings of fact:

1. Respondent [Deala] was employed on Rota. Respondent’s Work Permit expired on January 8, 1988. His employer provided Respondent with a return ticket to the Philippines, with a connection flight from Rota to Saipan. Respondent flew to Saipan and thereupon filed a Labor complaint against his employer on February 16, 1988, which was his statutory right.
2. The court finds the testimony of Labor Investigator Stan Benavente credible, and finds that Mr. Benavente instructed. Respondent to report to him regularly during the labor investigation of his complaint, that Respondent failed to make himself available to Labor so that Labor could timely investigate and resolve his labor complaint, that Mr. Benavente discovered Respondent working for another employer without prior authorization from the Department of Labor, and that Respondent failed to diligently pursue his [114]*114labor complaint.
3. The maximum statutory time period in which an alien may remain in the Commonwealth once he is no longer employed is 30 days from the date of filing his labor complaint, pursuant to 3 CMC § 4434(g). Therefore, the Respondent is an alien present, in the Commonwealth illegally since February 8, 1988.

Office of the Attorney General v. Deala, C.A. No. 91-358 (Super. Ct. May 16, 1991)("Order of Deportation").

The court ordered that Deala be deported, but stayed the order pending appeal.

The trial judge found Deala to be deportable on the basis of his entry permit having expired.

ISSUES PRESENTED1

1. Does 3 CMC § 4434(g) violate the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution?

2. Did Deala abandon his labor complaint?

STANDARD OF REVIEW

The first issue challenges the constitutionality of a statute [115]*115and is reviewed de novo. Commonwealth v. Peters, No. 90-026 (N.M.I. Jan. 8, 1991).

The second issue involves the findings of fact made by the trial court that Deala abandoned his labor case. This is subject to the clearly erroneous standard. Reyes v. Ebetuer, No. 90-017 (N.M.I. Jan. 29, 1992).

ANALYSIS

I.

3 CMC § 4434(g) states as follows:

(g) A nonresident worker who has left his or her employment whose contract of employment has expired, or who is no longer employed by the employer approved by the Chief, shall not be permitted to remain in the Commonwealth. Except that, a nonresident worker shall be allowed to remain in the Commonwealth for a period not to exceed 20 days in order to pursue a civil action against his or her employer for a breach of their employment contract, other civil or criminal claims, or to pursue violations of any Commonwealth or federal labor law. Provided, however, for a claim made against an employer for failure to pay the contract wages, a nonresident worker shall only be allowed to remain in the Commonwealth for a period of 30 days in order to pursue such action where a timely claim is made for failure to pay the contract wages and where the employer fails or refuses to pay the full sum of money as ordered by the Director within the ten day period provided by this section. A nonresident worker who has left the Commonwealth shall be allowed to return no sooner than five days before their scheduled trial date in the Commonwealth Superior Court or federal court. Such person will be required to.exit the Commonwealth within three days after the termination of the trial, or any continuances thereof.

Deala attacks the above statutory provision only on procedural [116]*116due process grounds. He maintains that it is unconstitutional on its face and violates his right to due process under the 14th Amendment to the U. S. Constitution.

Deala maintains that the above statutory procedure does not afford non-resident workers meaningful notice and an opportunity for a hearing before he or she is deprived of his property right. His property right in this case is his claim for unpaid wages. He argues that .it is impossible for a non-resident worker to exhaust his or her administrative remedies and then file an action in court within the required 30 day period.

The Attorney General's Office, on the other hand, contends that the statute is constitutional since the 3 0 day time period does not start to run until the administrative remedies have been exhausted.

We agree with the interpretation of the Attorney General.2

In an administrative proceeding where a person's life, liberty, or property is at stake, Article I, § 5 of the Commonwealth Constitution requires, at a minimum, that the person be accorded meaningful notice and a meaningful opportunity to a hearing, appropriate to the nature of the case. 3 CMC § 4434(g) [117]*117does not violate Article I, § 5 because an employee is adequately provided with notice and an opportunity for a hearing prior to its application.

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3 N. Mar. I. 110, 1992 N. Mar. I. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-the-attorney-general-v-deala-nmariana-1992.