Farapo v. American Samoa Government
Farapo v. American Samoa Government
Opinion of the Court
On Motion to Dismiss:
Appellees have filed a motion seeking an order to either dismiss the above-entitled matter or, in the alternative, "[to] direct[] the appellants to refile their cause of action and conform to the requirements for filing a Petition for Review." The appellees’ principal concern is that the matter has been styled an "appeal," although in actuality, it is a "petition for review" under A.S.C.A. § 41.0209. It is argued that the immigration board alone is, therefore, the only proper respondent. We agree. The board is the only proper respondent; the American Samoa Government, the Attorney General, and the Chief Immigration Officer
It is so ordered.
A.S.C.A. § 41.0209 reads:
A petition for review may be filed with the appellate division of the High Court not later than 15 days from the date of the final decision of the [immigration] board; the action shall be brought against the board as respondent. (Emphasis added).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.