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Number of overstayers convicted of felonies continues to rise

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — An overstayer who is serving a 28-month jail term at the TCF was in High Court last week for a probation review hearing. Sefo Mika, 32, entered American Samoa on a 30-day visitor's permit in 2017. He was in the territory illegally for over 4 months before he was arrested on Aug. 1, 2017 after he entered a home and touched a sleeping female in a sexual manner.

During a hearing last week, the court was told that Mika has already served 20 months of his sentence. Part of the court's sentencing order is that after serving 20 months behind bars, Mika's case can be considered during a review hearing.

After reviewing Probation’s report and submissions from both counsels, the court ordered that Mika be allowed to depart the territory and remain outside of its borders for the duration of probation.

The court did tell the prosecutor that one of the concerns it continues to have, is how these immigrants enter the territory on visitor's permits and continue to remain on island until they are caught breaking the law. The court said the problem with overstayers convicted of felonies continues to rise and the government needs to do something to stop it.

Mika was initially charged with one felony count of first degree burglary and two misdemeanor counts of third degree assault and trespassing. But under a plea agreement, the government amended the burglary charge to second degree assault, a lesser felony, and the misdemeanor charges were dismissed.