Rakhshan v. American Samoa Government
Rakhshan v. American Samoa Government
Opinion of the Court
These matters were consolidated for trial. Plaintiff, a national of Iran, first entered the territory under a temporary visitor’s permit on May 3, 1987. He has been preoccupied ever since in striving to remain in the territory on a more permanent basis. The local immigration authorities, on the other hand, have been trying to deport him since mid-1988. In the process, plaintiff has been arrested several times and detained at the Tafiina Correctional Facilities pending deportation efforts.
Filing suit pro se. plaintiff seeks, in CA No. 20-90 and CA No. 109-90, damages against the government and various immigration officials for alleged wrongful detainment; and in CA No. 103-90, damages against the government (hospital) and certain of its dental personnel for their alleged wrongful failure to hire him.
FACTS
Faced with this need for proof, plaintiff turned to his friend Dr. Laumoli, who then produced a "To Whom It May Concern" letter in the name of "friendship." Dr. Laumoli testified that plaintiff not only requested the letter but also suggested its wording. The letter stated that the hospital "was in the process of hiring Dr. Davoud Rakhshan ... as a general practitioner dentist" and sought such assistance as might "expedite [plaintiffs] permit to reside here in American Samoa." In fact, the letter flagrantly misrepresented the facts and (not surprisingly) has since become a sorry source of embarrassment for its author. (Not only did Dr. Laumoli lack the singular authority to hire plaintiff, but also plaintiff could not even have been hired as "a general practitioner dentist," since the Health Services Regulatory Board had not licensed him to practice dentistry in the territory, as mandated by statute. See A.S.C.A. §§ 31.1001 et seq. Indeed, Dr. Don Noel, a member of the Health Services Regulatory Board, testified that the board denied plaintiffs application for licensure because he failed to demonstrate qualification in accordance with applicable regulatory criteria.)
The letter, which plaintiff promptly delivered to Mr. Porter
After a few more months had passed, and probably because the ruse of government employment could not be indefinitely continued, Dr. Laumoli agreed to sponsor plaintiff and petition the Immigration Board to give him a work permit. Although the application
As soon as he obtained his permit, plaintiff again visited the Immigration Office to seek advice on how to change sponsors; this time, he was accompanied to the Immigration Office by a Mr. David Katina.
Within a month plaintiff was in need of yet another sponsor. Mr. Katina complained to the Immigration Office that plaintiff was causing him trouble within his church and family and withdrew his sponsorship of plaintiff. Consequently, the Immigration Office gave plaintiff notice to depart the territory within ten days, as he was without a sponsor.
Plaintiff, however, failed to depart the territory. As a result, he was subsequently taken into custody and detained at the Correctional Facilities pending deportation proceedings. He was arrested on July 12, 1988, but then released on July 16, 1988. The evidence was not very clear on the reason for plaintiffs release; however, Chief Deputy Immigration Officer Porter testified that he had received a call from Dr. Toeaso Tago (a relative of plaintiffs original sponsor, Mr. Talamaivao), who informed him that Mr. Talamaivao was returning to the territory and was willing to again sponsor plaintiff. Evidently, the matter was informally resolved with the return of Mr. Talamaivao, since deportation proceedings were discontinued and plaintiff ended up teaching at the Tafuna High School.
In the following year, as his permit was about to expire, plaintiff again went before the Immigration Board and requested another change in sponsor because Mr. Talamaivao was again departing the territory indefinitely.
For almost two months, plaintiff eluded several search efforts; however, he was finally apprehended on February 28, 1990, pursuant to a warrant of arrest executed by Immigration Officers Herota Satele and Taufooua Asoau. The officers found plaintiff hiding out in the hills behind Futiga and Pava’ia’i; they arrested him and took him to the Tafuna Correctional Facility.
The application for the warrant, which was sworn to by Officer Satele, charged plaintiff with a number of violations of the Immigration Act, namely: overstaying, failing to furnish an annual report of address, failing to furnish a change in address, and being the subject of an
On April 12, 1990, plaintiff filed his appeal to the Appellate Division and, at the same time, applied to stay execution of the deportation order and to be released upon surety in lieu of cash. The appellate court granted the application for release upon sufficient sureties and stayed only so much of the deportation order as required deportation to Iran as plaintiffs country of origin. See Rakhshan v. Immigration Board, 15 A.S.R.2d 29. The Appellate Division’s file further reveals that on or about May 19, 1990, the immigration authorities attempted to enforce the board’s order, as modified by the Court, by deporting plaintiff to the Republic of the Philippines as his country of origin. The flight on which plaintiff was booked to depart was significantly delayed; when it was finally ready to leave, plaintiff failed to show. He fled again. This time, plaintiff managed to hide for almost a month until he was physically extracted by immigration officials from the attic of a residence in Sogi, Leone, pursuant to a search warrant.
DISCUSSION
These consolidated matters suffer a common feature — they border on the vexatious. If anything has been shown in these cases, it is that plaintiff confuses the court’s "open doors" policy with something akin to an "open sesame" policy which commands access to judicial relief upon the mere ritualistic incantation of a few mystic phrases — "due process," "constitutional rights," "extreme emotional and mental anguish," "pain and suffering," etc. These phrases were but some of the jargon counsel Asaua Fuimaono used in preparing the original complaint in CA No. 20-90 and the administrative claim preceding CA No. 109-90. Fuimaono’s friendship has since become another made-and-unmade friendship, which ultimately ended in a lawsuit.
I. CA No. 109-90
This particular action, which required the defendants to defend a $1 million suit for "general" and "special" damages, is illustrative. The complaint here shamelessly depicts a haphazard effort at "cut and paste." Although mindful that a pro se complaint should be broadly construed in order to promote the interests of justice, see American Samoa Gov’t v. Agasiva. 6 A.S.R.2d 32 (1987), we find that the complaint here says virtually next-to-nothing by way of noticing a claim upon which judicial relief may be framed. It recites, for instance (or more accurately, it lifts from another context), the timely filing of an administrative claim pursuant to the Government Tort Liability Act (hereinafter the "G.T.L.A."), whereas, in fact, nothing of the sort occurred.
While a few magic phrases have thus been recited in the complaint, there has been absolutely nothing in the way of evidence to sustain the allegations arising by the use of those phrases.
II. CA No. 103-90
Here, plaintiff seeks $1 million in "general" and "special" damages against the hospital and Drs. Salamo and Noel for their failure to hire him as a dentist at the dental clinic. Plaintiffs claim is that Dr. Laumoli had promised him work which never materialized, although plaintiff ended up working five months for the hospital without pay. In support of his testimony to that effect, plaintiff submitted the aforementioned "To Whom it May Concern" letter.
Assuming arguendo that plaintiff had stated a cognizable claim for relief, such a claim is nevertheless thoroughly wanting in merit. As we noted above, no person may practice dentistry in the territory until he or she is duly licensed by the Health Services Regulatory Board. See A.S.C.A. §§ 31.1001 et seq. ■ It simply follows that before one can be hired as a "dentist," it behooves that person to demonstrate that he is in fact a dentist. Plaintiff could not provide the requisite proof before the Health Services Regulatory Board, nor has he attempted even in the slightest to show otherwise before this Court. According to Dr. Laumoli, the only documents plaintiff furnished him were copies of a diploma and transcripts of subjects and grades; he had advised plaintiff that he must furnish references as well as evidence of licensure in the Philippines before he, Dr. Laumoli, could make a recommendation to the hospital’s medical executive committee, as well as to the Health Regulatory Board; plaintiff failed to provide those requirements.
Alternatively, plaintiff accuses Dr. Noel of discriminatory treatment by reason of his being denied a license to practice dentistry in the territory. This allegation of discrimination remains just that — an allegation without anything in the way of meaningful proofs. Rather, plaintiff seems to think, as far as we can gather from the extent of his attempted proofs together with his related questions put to Drs. Laumoli and Noel on the witness stand, that merely presenting a piece of paper,
III. CA No. 20-90
Plaintiff bases this claim, also for $1 million in "general" and "special" damages, on his contention that he was unlawfully arrested on July 12, 1988, and unlawfully detained thereafter until July 16, 1988. He argues that, at the time of his arrest and detention, he was lawfully in the territory pursuant to the work permit which the board had granted on May 6, 1998.
The claim, if it sounds in tort, is outside the scope of the G.T.L.A. Specifically, A.S.C.A. § 43.1203(b)(5) unequivocally excludes, inter alia, any claim against the government based on "false arrest" or "false imprisonment." In terms of an action based on the notion of false arrest or false imprisonment, the government remains immune from suit.
At the same time, we have searched for a constitutional dimension to plaintiffs claim; however, we are unable to conclude on the evidence that plaintiffs arrest on July 12, 1988, was otherwise than lawful. Rather, the evidence showed that he was an overstayer at the time of his arrest because he was effectively without a sponsor and therefore was only entitled to remain in the territory for a period of ten days following the revocation of sponsorship. See A.S.C.A. § 41.0408(i). He was duly warned by the Immigration Office, but he chose to ignore that warning; accordingly, he was arrested and taken into custody on July 12, 1988.
Notwithstanding the facts, plaintiff nevertheless argues that he was not an overstayer on the following simplistic reasoning: his file with the immigration office failed to disclose any paperwork relating to the termination of Talamaivao’s sponsorship; therefore, Talamaivao was
Plaintiff also questioned the lawfulness of an arrest made without the authority of a warrant issued by the Attorney General. Plaintiff, apparently under the impression that an arrest can only be made upon a warrant issued by the Attorney General, referred us to the provisions of A.S.C.A. § 41.0610 and A.S.A.C. § 41.0227. This impression is mistaken. In addition to A.S.C.A. § 41.0610, the code also authorizes warrantless arrests, provided that the person making the arrest applies immediately thereafter "to a member of the board for an order of arrest and commitment, until the board’s next meeting. . ." See A.S.C.A. § 41.0510(c). Furthermore, the regulation A.S.A.C. § 41.0227 (derived from Immigration Regulations effective prior to 1975) is no longer on the books as the result of subsequent amendments to the rules.
We find no merit in these matters.
On the foregoing, judgment will enter for the defendants and each of them.
It is so ordered.
These efforts have been stayed by the Appellate Division of the High Court, although not for reasons attributable to any particular merit in plaintiffs claim of entitlement to remain in the territory. See Rakhshan v. Immigration Board, 15 A.S.R.2d 29 (1990).
A person who seeks to remain in American Samoa for any permissible extended length of time is required to have a local sponsor, who is, among other things, a guarantor of that person’s public debts. See A.S.C.A. § 41.0408.
A tourist or business visitor may remain in the territory for a period of up to 30 days, however, such period may be extended for an additional 30 days upon approval of the Attorney General or his designee. See A.S.C.A. § 41.0502(a)(2)(D).
Government employees are merely required to supply proof of government employment and assignment to the territory in order to enter. See A.S.C.A. § 41.0502(a)(5).
Dr. Laumoli also testified that he merely signed and dated the application form and it was plaintiff who filled out the details.
The Board’s Order stated in pertinent part: "Alien Rakshan [sic] is hereby authorized for employment, but only upon the showing that the job was advertised extensively and there is a shortage of employable qualified persons existing in American Samoa. A.S.C.A. § 41.0305(5). Such proof shall be submitted to the Immigration Department [sic] prior to actual employment."
It is to be noted that the Act, A.S.C.A. § 41.0408(h), does not permit the transfer of sponsorship from one person to another absent some "compelling reason in the public interest of the people of American Samoa." Just what was the "compelling reason" in plaintiffs then-circumstances was not clear on the evidence. Plaintiff claims that he had to find another sponsor because Mr. Talamaivao was at the time leaving the territory indefinitely; on the other hand, Mr. Katina testified at a
A.S.C.A. § 41.0408(i) provides that upon revocation of sponsorship, the person sponsored may remain in the territory for a period of up to ten days, unless the board earlier orders deportation.
Indefinite departure of a person’s sponsor is a ground for revoking that person’s permit. See A.S.C.A. § 41.0408(f).
There are significant practical differences between deportation and voluntary departure as defined in A. S.C. A. §41.0601. For example, the former instance renders one an excludable person, see A.S.C.A. § 41.0615(14); i.e., further entry into the territory is effectively prohibited.
See Rakhshan v. Fuimaono, 18 A.S.R.2d 77 (Trial Div. 1991). Fuimaono here testified that he filed CA No. 20-90 largely as a tactical manoeuvre intended to gain leverage with the immigration authorities, in view of the deportation issue then facing plaintiff, and that the more he
Such a claim is a jurisdictional prerequisite to any suit against the government pursuant to the provisions of the G.T.L.A., A.S.C.A. §§ 43.1201 et seq. Faoato v. Government of American Samoa, CA No. 36-79 (1979); Gobrait v. Americana Hotels. Inc., CA No. 12-78 (1978).
Even if negligence could be sustained on the evidence, we are without jurisdiction to entertain such a claim. See Note 12.
The requirements for licensure are to be found in the provisions of A.S.C.A. §§ 31.1001 et seq., and the regulations contained in A.S.A.C. §§ 31.0401 et seq.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.