In 1979, the plaintiffs, 85 individuals who renounced their Filipino citizenship in 1977 in order to become citizens of the Commonwealth of the Northern Mariana Islands and eventually permanent citizens of the United States, filed suit in the United States District Court for the Northern Mariana Islands against the government of the Northern Marianas seeking "certificates of identity" as citizens of the commonwealth, which entitled them to the benefits of U.S. citizenship. The plaintiffs had all been found qualified to vote in the election of commonwealth officials before the government began operation.

The U.S. sought intervention in the case, which the District Court denied. The District Court also refused to stay the case while the government appealed. The Court of Appeals reversed, finding that the U.S. was entitled to intervene. Smith v. Pangilinan, 651 F.2d 1320 (9th Cir. 1981).

While the case was on appeal, the District Court found that plaintiffs were entitled to the certificates of identity. The government appealed. The Court of Appeals affirmed that decision, but remanded so that the District Court could consider the interests of the U.S., which had not been allowed to intervene. Pangilinan v. Castro, 688 F.2d 610 (9th Cir. 1982).

On remand, the United States sought discovery so that it could examine each plaintiff's qualifications for interim citizenship. The District Court prohibited the government from relitigating any factual or legal issues, Pangilinan v. Castro, 1985 WL 3792 (D.N.Mar.I. Nov. 04, 1985), and the U.S. appealed. The Court of Appeals affirmed. De Mesa v. Castro, 844 F.2d 642 (9th Cir.1988). Rehearing was denied. De Mesa v. Castro, 867 F.2d 1243 (9th Cir. 1989).

Dan Dalton - 01/02/2008


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