Pago Pago, AMERICAN SAMOA — Remember the case of the Filipino woman who in 2018 was ordered by the Immigration Board to depart the territory?  Well a new incident involving the immigration board and the same woman has now surfaced.

The Filipino national, Joselyn M. Intila applied for the latest amnesty program and was accepted. However, the Immigration Board has denied her application and once again ordered her deportation.

Samoa News understands that Mrs. Intila and her new sponsor have retained an attorney and it was confirmed that there is now a legal proceeding before the Court.

According to Mrs. Intila’s new sponsor, Mrs. Leuila Ioane, this case is about the flagrant unrestrained abuse of power and disrespect by a member of the Immigration Board. The sponsor describes the encounter as rude and unbecoming behavior that was launched against a citizen, who appeared before the amnesty program hearing. 

Mrs Ioane explained that on Jan. 16, 2020, Mrs. Intila arrived on island under an entry permit with new sponsors — Mr. Joseph & Mrs. Leuila Ioane. Entry was granted by the former Attorney General at the time who is currently the Lt. Governor — Talauega Eleasalo Ale.

On Mar. 16, 2020 the Immigration office granted a 30-day extension in accordance to the law to allow Ms. Intila to continue her stay in American Samoa.

However, in April of 2020, Mrs. Intila was caught in the COVID border closure and was unable to travel back to her homeland.

In November of 2021, Gov. Lemanu Peleti Mauga offered an immigration amnesty program for overstayers in the territory under the emergency declaration for COVID-19. This would allow foreigners living in the territory illegally to legalize their status.

According to Mrs. Ioane, Mrs. Intila applied and she was qualified under the new amnesty program.

The sponsors worked diligently with the Immigration Officer (IO) in following all set requirements. They were finally cleared by the IO agent and were scheduled to appear before the Immigration Board for a hearing.

On Nov. 29, 2021, appearing before the board members and Immigration officers, the sponsor Mrs. Ioane introduced herself; but, before she could continue —and to her dismay — the Immigration Board Chair, Mrs. Fanene Edda Wyberski’s harsh tone immediately and abruptly dismissed her, telling her to leave. She was not allowed to speak. Humiliated before the board members, she was forced to leave in tears.

On. Dec. 7, 2021, A letter of grievance to seek resolution was hand carried to the Attorney General Fainu’ulelei A. Utu, Governor Lemanu P. Mauga, Lt. Governor Talauega E. Ale, Board of Directors Office of Immigration and Chief of Immigration (CIO) Mrs. Fagamalama Fuala’au. 

According to Mrs. Ioane, Fanene’s behavior was felt as a gross violation of the COVID 2021 Amnesty Program, declaration, set by Gov. Lemanu. It caused the unlawful luring and persecution of an alien and the sponsors who are trying to legalize Mrs. Intila’s status.

On. Jan 8, 2022, upon her follow up with the AG’s office, the sponsors sought a resolution — asking for a chance to speak before the Immigration Board and tell their story.

According to Mrs. Ioane, Mrs. Intila’s application for the amnesty program was denied and an order to deport her for 5 years was signed Dec. 8, 2021. There was no reason provided to explain the reason why Mrs. Intila’s request was denied.

Mrs. Intila’s sponsor immediately sought legal advice and a letter from an attorney at the American Samoa Legal Aid (ASLA) was sent to the AG regarding the issue.

In his Jan. 10 letter to the attorney general, M. Scott Hess, the Executive Director for the ASLA requested an immediate reconsideration of immigration’s denial of Mrs. Ioane’s application to sponsor Mrs. Intila and later its denial of her application for asylum.

“Both decisions seem arbitrary and capricious and possibly based on some kind of personal vendetta rather than in law, from the information relayed to me so far,” according to Hess’s letter to AG Fainu’ulelei Ala’ilima Utu.

According to Hess, Mr and Mrs Ioane came to his office seeking legal assistance on behalf of their attempt to sponsor and assist Philippine national Mrs. Intila.

Hess said he agreed to represent Mrs. Ioane and wrote a letter to both AG Fainu’ulelei and the CIO Fualaau informing them of the matter.

“This letter is to inform the American Samoa Government (ASG) that I am now representing Leuila Ioane in this matter, and plan to meet with Mr. Intila shortly, after which time I plan to represent her as well. Any further correspondence or intended actions on this issue should be directed to me,” Hess said in his letter to the AG and CIO.

A copy of the Immigration Board decision to deny Mrs. Intila’s request for the amnesty program was also obtained by Samoa News.

The letter was signed by six Immigration Board members including the Immigration Board chair and was addressed to Mrs. Ioane.

The Immigration Board (IB) told Mrs. Ioane that this letter is to formally inform her that the Amnesty application for Mrs. Intila has been denied by them.

“There was an Order by the Immigration Board of July 25, 2018 for Mrs. Intila’s departure/ deportation from the territory after she was afforded a Board Hearing,” the letter said.

The letter continued that a case was brought against the IB to Appeal the Immigration Board’s decision before the Office of the Administrative Law Judge of American Samoa.

Assistant Attorney General Alexandra Zirschy from the AG’s Civil Division is representing the Immigration Board in this matter, according to the letter and he filed a motion to dismiss.

“This case should go before the High Court of American Samoa since it involves deportation,” the letter said.

Copies of the letter were sent to Gov. Lemanu. AG. Fainu’ulelei, Lt. Gov. Talauega Eleasalo Ale and CIO Fualaau.

FANENE COMMENTS

Samoa News sought a comment from the IB chair Fanene regarding this matter and according to Fanene, Mrs. Intila’s case is not a new case.

There was a Board decision back in 2018 instructing this individual to depart the territory in 10 days, or face deportation.

“Since that time, this lady (Intila) never complied with the Board’s order and she was still on island until she applied for the latest Amnesty Program by Gov. Lemanu,” Fanene said.

She further stated that once the IB sends its’ orders, people must comply with them. If not, they will face consequences.

Fanene made it clear that the Immigration Board’s July 25, 2018 order is final.

She stated that the Administrative Law Judge’s (ALJ) ruling in 2018, granted the motion to dismiss the appeal of the IB’s order and denied the motion to stay for lack of jurisdiction.