Slider
Slider

|

Slider

Court allows man to proceed with lawsuit against US Homeland Security

Local
Typography
  • Smaller Small Medium Big Bigger
  • Default Helvetica Segoe Georgia Times

DISTRICT Court for the NMI Chief Judge Ramona V. Manglona has granted the request of Milan Fargo, a Russian national, to proceed without paying fees and costs in his lawsuit against the U.S. Department of Homeland Security.

Judge Manglona ordered the clerk of court to file Fargo’s complaint,  and directed the U.S. Marshals Service to serve DHS with the complaint.

Fargo, 66, erroneously named the Federal Emergency Management Authority as the defendant, but later amended his complaint to name DHS as the defendant instead.

Fargo sued DHS after he appealed the determination of the Office of the Inspector General in his Freedom of Information Act or FOIA request for access to records concerning documents from U.S. Citizenship and Immigration Services, which is under DHS.

The U.S. Department of Justice advised him to file a lawsuit in the district court if he was dissatisfied with the action in his appeal. “The FOIA permits you to file a lawsuit in federal district court in accordance with 5 U.S.C. 552(a)(4)(B),” DOJ stated.

In his complaint, he told Judge Manglona that on April 20-21, 2002, DHS issued a humanitarian parole to him under the name of Nassir Nazarovich Kourbanov, which is Fargo’s original name.

“It was given to my trustee and he faxed it to the San Ysidro checkpoint,” Fargo said, referring to a district of the City of San Diego, immediately north of the U.S.-Mexico border.

On April 24, 2002, Fargo said, the officer in charge confirmed that the copy of the parole was with their office, but she did not allow him to see the parole, saying that “their computer was not able to find…the files.”

Fargo added, “She did not give me a copy of that parole, but handed me over to Border Patrol.”

“I made my first FOIA request in the winter of 2002 sitting in an immigration center,” he said. “Since then, I have made many, many efforts to have that parole with me, but DHS is not willing to let me.”

Fargo said he tried to get a copy of the parole through DOJ’s Office of the Inspector General. “USCIS,” he said, then “submitted to the inspector general a one-page document having nothing to do with that parole. I had to appeal OIG’s determination….”

Fargo previously sued DHS  for allegedly hiding documents related to his humanitarian parole.

But Judge Manglona ruled in favor of DHS.

Fargo also sued the Federal Emergency Management Agency for finding him ineligible for some or all of the FEMA funds provided to the island after Typhoon Soudelor struck Saipan in 2015.

Fargo likewise sued his landlord for trying to evict him from an apartment unit. The federal court dismissed his lawsuit, but allowed him to refile it in CNMI Superior Court.

In Fargo’s lawsuit against FEMA, Judge Manglona dismissed all claims except one.

She said Fargo has stated a claim on which relief may be granted, but only as to FEMA’s determination that he was ineligible for disaster assistance after Typhoon Soudelor.

previous arrow
next arrow
Shadow
Slider

Read more articles

Visit our Facebook Page

previous arrow
next arrow
Shadow
Slider