Commonwealth of the Northern Mariana Islands v Taivero [2009] MPSC 10; 2009 MP 10 (7 August 2009)

Notice: This slip opinion has not been certified by the Clerk of the Supreme Court for publication in the permanent law reports. Until certified, it is subject to revision or withdrawal. In any event of discrepancies between this slip opinion and the opinion certified for publication, the certified opinion controls. Readers are requested to bring errors to the attention of the Clerk of the Supreme Court, PO Box 502165 Saipan, MP 96950, phone [phone], fax [phone], e-mail [e-mail].

IN THE SUPREME COURT OF THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS,
Plaintiff-Appellee,

V

HARRIS ISMAELA TAIVERO,
Defendant-Appellant.

SUPREME COURT NO. CR-06-0037-GA
SUPERIOR COURT NO. 00-0271-CR

SLIP OPINION

Cite as: 2009 MP 10

Decided August 7, 2009

Robert T. Torres, Saipan, Northern Mariana Islands, for Appellant

Melissa Simms and Kevin A. Lynch, Assistant Attorneys General, Commonwealth Attorney General’s Office, for Appellee

BEFORE: MIGUEL S. DEMAPAN, CHIEF JUSTICE; ALEXANDRO C. CASTRO, Associate Justice; John A. Manglona, Associate Justice

MANGLONA, J.:

¶ 1 Defendant Harris Ismaela Taivero ("Taivero") appeals the trial court’s denial of his motion to withdraw his guilty plea, arguing that (1) he received ineffective assistance of counsel, and (2) his guilty plea constituted a manifest injustice. We hold that trial counsel’s representation did not fall below an objective standard of reasonableness as he was not required to advise Taivero of the immigration consequences of his guilty plea. We further hold that the trial court did not abuse its discretion in denying Taivero’s motion to withdraw his guilty plea because an alien defendant’s lack of knowledge regarding the immigration consequences of a plea does not constitute a manifest injustice. Accordingly, the trial court’s decision is AFFIRMED.

I

¶ 2 Taivero is a citizen of New Zealand residing on Saipan. He lawfully entered Saipan in 1996 and began working as an entertainer in a Polynesian dance group. In 1998, Taivero married Veronica Acosta Taivero ("Veronica Taivero"), who is a United States citizen. Taivero then received Immediate Relative ("IR") status under Commonwealth immigration law. Taivero’s IR status was revoked, however, when he and his wife divorced in December 1999.

¶ 3 In May 2000, the Commonwealth charged Taivero with rape.[1]