United States v. Xiaoying Tang Dowai

Xiaoying Tang Dowai (“Tang”), a native of China, appeals her convictions for visa fraud, making a false statement, and conspiracy to defraud the United States. On appeal, she asserts she has been deprived of her constitutional right to an independent federal judiciary because the Northern Mariana Islands District Court (“NMI District Court”) is not properly established under the Constitution. We hold that Tang was properly tried in the NMI District Court and affirm her conviction.

I

Tang came to Saipan from China in 2002 and worked in several garment factories. When her employment contract expired in 2009, Tang was unable to find another contract employer. In order for Tang to remain in Saipan, her boyfriend, Shahadat Hossain (known as Chico), approached Jesse Dowai, a native of Saipan, and asked him if he would help out by marrying a Chinese woman. Chico told Dowai he would pay him $500. Dowai agreed to the proposition and married Tang in September 2009. Chico was present at the marriage and gave Dowai $500.

Following the marriage ceremony, Tang and Dowai never lived together and never spent any time together in the absence of Chico. Tang’s marriage to Dowai made her…