Ferreira v. Borja, No. 95-15444

• Court: United States Courts of Appeals. United States Court of Appeals (9th Circuit)
• Writing for the Court: PER CURIAM
• Citation: 93 F.3d 671
• Parties: 96 Cal. Daily Op. Serv. 6254, 96 Daily Journal D.A.R. 10,261 Diana C. FERREIRA, Plaintiff-Appellee, v. Rosalia Mafnas BORJA; Isidora Mafnas Salas; Feliza M. Babauta; Carmen M. Guerrero; William M. Borja; Jose M. Borja; Juan M. Borja; Luna M. Borja; Patricia B. Robert, Defendants-Appellants.
• Decision Date: 06 May 1996
• Docket Number: No. 95-15444

Page 671

93 F.3d 671 96 Cal. Daily Op. Serv. 6254, 96 Daily Journal
D.A.R. 10,261 Diana C. FERREIRA, Plaintiff-Appellee,
v.
Rosalia Mafnas BORJA; Isidora Mafnas Salas; Feliza M.
Babauta; Carmen M. Guerrero; William M. Borja;
Jose M. Borja; Juan M. Borja; Luna M.
Borja; Patricia B. Robert,
Defendants-Appellants. No. 95-15444. United States Court of Appeals,
Ninth Circuit. Submitted May 6, 1996. ^*
Decided Aug. 22, 1996.

Page 672

Theodore R. Mitchell, Saipan, CM, for defendants-appellants.

Donn Dimichele, Carlsmith, Ball, Wichman, Murray, Case, Mukai & Ichiki, Los Angeles, California; John F. Biehl, Carlsmith, Ball, Wichman, Murray, Case, Mukai & Ichiki, Saipan, CM, for plaintiff-appellee.

On Appeal from the Supreme Court of the Commonwealth of the Northern Mariana Islands, Jose S. Dela Cruz, Chief Judge, Presiding. D.C. No. CV-90-00047.

Before: FLETCHER, D.W. NELSON and CANBY, Circuit Judges.

PER CURIAM:

In Ferreira v. Borja, 1 F.3d 960, 963 (9th Cir.1993) (" Ferreira I "), this Court vacated and remanded a decision of the Supreme Court of the Commonwealth of the Northern Mariana Islands ("CNMI" or "Commonwealth"). Rosalia Mafnas Borja ("Mafnas") now appeals the Commonwealth Supreme Court's decision on remand. She argues that the decision on remand was erroneous even though the Commonwealth Supreme Court followed our mandate in Ferreira I.

We affirm.

I.

The facts are recounted in detail in Ferreira I, so they will be abbreviated here. Diana Ferreira sued to quiet title to land located in the Commonwealth. Mafnas, who had sold the land to Ferreira, contested Ferreira's claim to title. Mafnas argued that the land sale was void because Ferreira, a person of Northern Mariana Islands descent, had obtained financing from persons not of Northern Mariana Islands descent and had leased the land long-term to them, thereby

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violating a provision of the Commonwealth Constitution. CNMI Const. art. XII, § 3 (prohibiting persons not of Northern Mariana Islands descent from acquiring a permanent or long-term interest in real property within the Commonwealth).

Applying the common law "resulting trust" doctrine, the CNMI Supreme Court concluded that the persons not of Northern Mariana Islands descent were the true owners and that Ferreira held the land in trust for them. Because the Commonwealth Constitution forbids persons not of Northern Mariana Islands descent to own land, the Court voided the sale and returned the land to Mafnas.

In Ferreira I, this Court reversed and remanded. The CNMI Supreme Court applied the mandate. Mafnas appeals, making the following three arguments: 1) the decision on remand violates section 805 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, Pub.L. No. 94-241, 90 Stat. 263 (1976), reprinted as amended in 48 U.S.C.A. § 1681 note ("Covenant"); 2) the decision on remand violates section 103 of the Covenant; and 3) this court lacked jurisdiction to decide Ferreira I.

II.

This court has jurisdiction over appeals from the Supreme Court of the Northern Mariana Islands in "all cases involving the Constitution, treaties, or laws of the United States." 48 U.S.C. § 1824(a) (formerly § 1694c). We lack jurisdiction to decide the first and second issues because the claims that the decision on remand violates the Covenant are so attenuated that they do not present a genuine federal issue. See Camacho v. Civil Service Comm'n, 666 F.2d 1257, 1262 (9th Cir.1982) (explaining that every case that implicates the Covenant is not necessarily a case arising under federal law).

Mafnas argues that we have jurisdiction because the Covenant, a treaty of the United States, is involved here. Specifically, section 805 of the Covenant authorizes restrictions on alienation of land to persons not of Northern Mariana Islands descent and section 103 provides that the people of the Commonwealth will have the right to self-governance in accordance with a Constitution. We have held that we lack jurisdiction over an appeal...