Etumai Mtoched v. Loretta E. Lynch

Etumai Mtoched, a citizen of Palau and a resident of the Commonwealth of the Northern Mariana Islands (“CNMI”), petitions for review of an order of removal from the United States. That order was entered based on Mtoched’s conviction for assault with a dangerous weapon under CNMI law, 6 N. Mar. I. Code § 1204 (a).

One set of issues raised by Mtoched’s petition arises from CNMI’s unique posture in relationship with United States immigration law. Prior to 2009, CNMI could be described as being outside the immigration boundary of the United States. Accordingly, United States immigration laws, including the Immigration and Nationality Act (“INA”), did not apply to CNMI. Instead, the CNMI government was itself responsible for enacting and administering laws governing immigration into and deportation from CNMI. That changed when most of the United States immigration laws, including the INA, were extended to CNMI via legislation codified as 48 U.S.C. § 1806 , contained within the Consolidated Natural Resources Act of 2008 (“CRNA”), Pub. L. 110-229, 122 Stat. 754, effective on November 28, 2009. Shortly thereafter, the Department of Homeland Security initiated proceedings against…