Guam Governor Unilaterally Commutes Sentence, Deports FSM Citizen

Calvo unhappy with U.S. for not enforcing provisions of Compacts of Free Association

By Jasmine Stole

HAGÅTÑA, Guam (Pacific Daily News, July 15, 2016) – With Wednesday’s removal of a migrant inmate from the Department of Corrections, Gov. Eddie Calvo is also looking to remove other non-U.S. citizens from the local prison and from Guam, according to a statement from his office.

“Each case will be reviewed carefully. Moving forward, we hope to work with U.S. immigrations and our federal partners who hopefully will begin to prioritize this issue,” the governor's office said in a written statement.

Federal treaties called compacts of free association allow regional migrants to live and work in Guam, but local officials have said the federal government, which controls immigration, is not adequately enforcing provisions that allow convict migrants to be deported. ​

Calvo removed Ninton Hauk from prison on Wednesday without an order from the federal government. The governor wrote an executive order, citing his Organic Act authority as justification for reducing Hauk’s sentencing, freeing him, and paying for his one-way flight to Chuuk, in the Federated States of Micronesia.

Hauk, who slashed a child in the face with a butcher's knife, had about a year left on his sentence and three years of parole, but the governor commuted, or reduced, his sentence before removing him from Guam. Hauk is not obligated to serve the rest of his prison sentence in Chuuk, according to Oyaol Ngirairikl, communications director for the governor.

“He is, in essence, a free man,” Ngirairikl said Thursday.

Ngirairikl said Adelup will weigh different factors when considering which other migrant inmates to remove.

In the case of Hauk, Ngirairikl said, the administration had a lot of discussions and was very deliberate about how it went about his removal.

While the governor said he has barred Hauk from returning to Guam, it’s unclear if the governor’s authority extends to other jurisdictions and if Hauk can re-enter other U.S. states or territories.

The governor’s office said Hauk’s name was submitted to U.S. Citizen and Immigration Services, the Federal Aviation Administration and airlines as someone not allowed to return to Guam.

Adelup said in a statement that Hauk left voluntarily. “When approached with the possibility of a commuted sentence with the condition that he leave Guam, he agreed,” the governor’s statement said.

As a condition of his reduced sentenced, Hauk agreed not to return to Guam. The victim in Hauk’s case was also notified, according to the governor's office.

Hauk was sent to prison after pleading guilty to slashing a boy across the face with a butcher's knife in 2011, according to news files.

Hauk was charged with misdemeanor charge of disorderly conduct and promoting prison contraband as a second-degree felony and assault on a peace officer as a third-degree felony, according to the governor’s office. Hauk also pleaded guilty in those cases and received a partially suspended one year sentence and two years parole for assault and disorderly conduct.

Calvo, in his executive order, identified Hauk as “a deportable alien because he has violated and continues to be in violation of the Amended Compact with the FSM, U.S. Immigration and National Act and (U.S. Department of Homeland Security” immigration regulations.”

In a July 12 letter to Peter Christian, president of the FSM, Calvo said he has “residual authority to enforce the immigration laws of the United States in default of performance by the Immigration and Naturalization Service of the United States” and he has authority to “grant pardons and reprieves…for offenses against local law.”

FSM Consul General in Guam, Robert Ruecho, said Thursday that he is waiting to hear back from officials in Pohnpei about the circumstances surrounding Hauk’s removal.

Hemlani Apartments case

In his weekly address Monday, Calvo called on U.S. Immigration and Customs Enforcement, or ICE, to deport two men arrested in connection with the June 22 attack of a police officer at Hemlani Harmon Apartments.

Police said two adults and three boys were arrested in connection with the attack. VK Katson is the only person so far who has been charged. The Office of the Attorney General issued a notice to JN John, the other adult arrested, to appear in court at a later date.

Though Katson and John have been arrested, they have not been convicted of any crime.

Katson and John are citizens of Chuuk State, according to prison records.

On June 28, Katson told Magistrate Judge Alberto Tolentino that he had been here for six months and came from Chuuk. He was held on $2,000 cash bail. The probation officer said at the hearing he did not have prior arrests.

Deportation process

“If someone came into the country lawfully … they can only become deportable if and when they’ve been convicted of a crime — generally serious offenses,” said Virginia Kice, director for ICE Western Regional Communications.

“We can’t unilaterally remove someone from the United States. We have to go through a formal process.”

ICE is not the agency that orders the deportation of a person, she said. While it is ICE that charges an alien with violation of immigration, it is up to the judge in an immigration court to order the person to be removed.

Calvo also said in his weekly address that “it’s the federal government’s duty to ensure migrants are complying with the requirements of their residency on Guam.”

Other commutations

Governors in the past have used their Organic Act Authority to commute the sentences of inmates at DOC, according to news files.

Former Gov. Felix Camacho commuted a prison sentence for then-Guam Mass Transit Authority Deputy Director Antonio Diaz. He was found guilty of a felony and a misdemeanor in connection with using his government issued credit card for personal purchases. Camacho’s executive order kept Diaz out of prison by reducing his two-year sentence to time served, news files state.

Former Gov. Carl Gutierrez approved the commutation request of Cris Crisostomo, convicted of killing a woman in her Mangilao apartment.

During Calvo’s tenure as governor, at least one migrant inmate has requested commutation of his sentence and to be transferred to Chuuk’s prison to serve the remainder of his sentence.

In September 2012, Gerhart Moses sent a letter to Calvo, asking for commutation. He is serving at least 25 years in prison with possibility of parole for a first degree criminal sexual conduct charge, according to Moses’ letter.

Pacific Daily News
Copyright © 2016 Guam Pacific Daily News. All Rights Reserved

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Comments

First of all, Gov. Eddie Calvo's leadership on Guam and Micronesia is more like Seagull leadership. This is the (modern ) Gov. Eddie have not ashamed of spewing out insult and gross discrimination against the people of Chuuk at past, and present. Gov. Eddie Calvo have lacking Empathy. What I find ironic is Gov. Eddie Calvo is lack of culture to united our native people together, yet Gov. Calvo have violated the covenant contract of Compact of Free Association have signed by US Congress, but step his foot on it, as shown that our natives people/FSM and Chuukese are not treated with respect of the law, because of few bad stinky apples. Second, Gov. Eddie Calvo is forgetting about his leadership development. Gov. Eddie Calvo is lacking to educating and creating a growth plan for FSM and Guam to continued respect mutual policy in our region. A sound dictator of leadership leads to indecision and fear among our innocent Chuuk citizen were doing their best everyday. What I seen from Gov. Calvo is his close-minded and arrogant of leadership by taken advantages and bulling the majority of naïve natives of FSM, and Chuuk, because Gov. Calvo have too expert about the law. Thank you.

Hi,Everyone before I start my comment Tirow..., fairo...,I would like to also congratulate the honourable Governor of Guam Calvo for your outrageous work ethic in past weeks and months.But for most I am really confused on the issue that as gone into executive order to a deportation of immigrant who violated the immigration laws. Immigration laws?...hehe! Well it might sound a bit like terrorist then, deport them they are in great danger or, drugs smuggling.That, I quote, ' Deportation '... Well I don't have to waste my time here writting novels just curious on the issue. Mr Calvo your work is out of reach. I mean you totaly went out of your jurisdiction. The federal governments and immigration deport those who fail to follow the laws. Such as contrabanding or smuggling drugs into the US. Or those who enter the US illegally and terrorist. Now for a confict felon he will serve his or her time until possible parole but will always end up on the street.Now migrants who has the rights to be in the US work and education are always considered US family. Until this type of people went beyond breaking the laws. I mean immigration laws..Drugs and terrorist action and or smuggling in the US illegally that I recall a deportation because, he or she has violated the immigration laws. Not state laws. If state laws lock them up have them serve until they are free and let them go back to reality life. Not deport them. You know nobody in this beautiful world would always come out perfect everybody is born to be that one person mistakes in the first place. We always do. I am not perfect as said because I'm one of them so I have to learn and change the way I live in a community that love's the american dream. Before I end my comments I want to say one more thing. Not your jurisdiction Mr Calvo it is not your job. I think you should watch more of the border protection reality show on history channel or national geography channel so you know what issue the immigration in the mainland is dealing in everyday life basis. Thanks for your time. Si chu,..Esta later.

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