After a day of reviewing the unique case of quarantined merchant marine Marcus Lang, Superior Court Judge Elyze Iriarte has ruled that she does not have jurisdiction over Lang.
On Monday morning, Judge Iriarte denied Marcus Lang’s petition for release. His case differs from the rest because he is held in the Department of Defense’s quarantine hotel — the Westin. Jacqueline Terlaje, Lang’s attorney, breaks down the judge’s decision.
“Essentially, without reaching the issue of Mr. Lang’s petition and his request for release, the court has said that she does not have personal jurisdiction over him so she declined to exercise jurisdiction,” Terlaje said.
She added: “It’s essentially because Government of Guam transferred him to the authority of the Department of the Defense and he is being held currently at the Westin and not a Government of Guam facility so she declined to address the issue.”
Terlaje has filed for habeaus corpus and writ of mandamus with the Supreme Court of Guam on the same grounds but also raised the decline of jurisdiction by the lower court.
“What’s important is that people who want to exercise their right to insist that the government advise them accordingly before putting them into a mandatory quarantine … that this right at least be advised to passengers,” Terlaje said.
Lang’s last day of quarantine is presumably on Tuesday, but Terlaje says that is just an assumption because neither DOD nor Public Health is saying why he’s continuing to be detained.