UPDATED: A father's plea for help 7 months after he's 'deplaned' in Pohnpei on his way back to Guam

(Editor's note: This story has been updated to include responses from the U.S. Customs and Border Protection and United Airlines.)

A Mongmong resident who started a job in Alaska last year planned to bring his family with him there but on his way back to Guam via Honolulu and other smaller islands, he got “deplaned” in Pohnpei.

Richard Folbuw Ken, a father of five, said United Airlines didn’t allow him to board again after he got off the plane just to buy soda when he got thirsty, while the plane was on a stopover in Pohnpei.

The plane left for Guam without him, he said. That was on Nov. 9, 2023.

Seven months later, he is still in Pohnpei.

He is from Yap but he’s been on Guam since 2001.

All these seven months, he said, he’s never heard — or got answers — from United Airlines, the U.S. Customs and Border Protection, the Federated States of Micronesia Consulate on Guam, the U.S. Embassy in Pohnpei, the office of Del. James Moylan, and other agencies.

“All I wanted is to know why I was deplaned and then from there, find a way to address the problem so I can see my family on Guam again. It’s been frustrating. I need help. My family on Guam needs help,” Ken told the Pacific Daily News in a phone interview from Pohnpei.

He said he’s desperately trying to see his family again on Guam.

“First Father’s Day away from my kids,” the 43-year-old father said.

After months of lack of response from agencies, Ken asked his former parole advisor Gregorio S. Calvo to approach the media for help.

These past few days, after media inquiries, Ken indirectly started getting some answers that wished were provided to him earlier. But he’s still asking for direct answer, he said.

As of this story’s writing, Ken said nobody has reached out to him directly yet.

CBP, United Airlines responses

United Airlines referred the PDN to CBP on this matter.

Kenneth Gibbons, assistant port director for CBP Office of Field Operations at the Guam Airport, wrote in response to the PDN's questions that "privacy concerns prevent U.S. Customs and Border Protection from discussing specific cases."

"All persons arriving at a port-of-entry to the United States are subject to inspection. As part of their critical national security mission, CBP officers determine admissibility of foreign nationals using U.S. immigration law [Section 291 of the INA [8 USC 1361] which lists more than 60 grounds of inadmissibility divided into several major categories, including health-related, prior criminal convictions, security reasons, public charge, labor certification, illegal entrants and immigration violations, documentation requirements, and miscellaneous grounds. CBP officers treat all travelers with integrity, respect, professionalism and according to law," Gibbons wrote.

‘Not admissible to return’

The FSM Consulate General Office on Guam, through acting Consul Johnny Silbanuz, on Thursday said the office spoke to many parties on Guam who were closely associated, concerned and tried to assist Ken and his family.

“In general, according to Guam CBP, Mr. Ken is not admissible to return to the U.S. due to past charges that I have no details to disclose the nature of such charges,” Silbanuz said in response to PDN’s questions.

On Thursday, Ken told the PDN that for the past seven months, he has not received a clear answer why he’s inadmissible to return to Guam. 

Ken told the PDN that he acknowledges that he has a criminal past but he said he’s already paid his debt to society — he spent years in jail — and the Superior Court of Guam issued an Aug. 29, 2013 motion and order for dismissal on his case, based on a copy of the order.

Ken said he didn’t volunteer for commutation during the Calvo administration, and nobody, he said, came to tell him what the next step would be after he got out of jail.

Since then, he said, he’s turned his life around and got jobs.

His former employers wrote character references dated December 2023, a month after he was deplaned in Pohnpei, when he was seeking help from those he knows.

Ken believes CBP has not reviewed its records well.

“I really believe U.S. immigration confuses me with my other brother that got deported,” Ken said.

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Besides, he said, he wouldn’t have been allowed to travel to Alaska and back to Hawaii on his way to Guam if CBP thought he’s not eligible to travel to the U.S.

It was only in Pohnpei, he said, that he encountered a problem.

Through other peoples’ help and through the media, he hopes CBP will be able to tell him why he’s deplaned. 

Court, parole clearances

Ken was previously convicted of vehicular homicide while intoxicated, after the car he was driving crashed into a car driven by Joseph Atoigue. The victim died.

Ken was sentenced in 2007 to 10 years, with three years suspended and about two years credit for time served. He was released in 2012.

PDN reported in 2016 that Ken entered a plea deal in 2014 for a family violence case, for which he was arrested in October 2013.

He was accused of hitting his girlfriend five to 10 times with an open left hand during an argument. His girlfriend reportedly lost consciousness for about 10 minutes, documents state.

Ken was sentenced to six years in prison, with three years suspended and credit for time served.

He was confined from October 2013 to 2016.

On Oct. 17, 2019, the Guam Board of Parole discharged him, based on a copy of the discharge paper.

On Jan. 14, 2022, Superior Court Judge Vernon Perez issued an order closing Ken’s criminal case.

“Defendant has satisfactorily completed all the terms and conditions of his/her probation,” the judge order said.

Immigration issue

Silbanuz said since this is a U.S. immigration-related issue, the FSM government has no control over such matters.

Bobby Shringi, chief of staff for Moylan, said this week that the delegate’s office was approached by a third party, later identified as Calvo, to assist with the issue regarding Ken. Calvo approached Moylan’s office in January.

“During the inquiry stage, more issues were uncovered by our team, particularly on the legal front. This is when the engagement shifted to the FSM Consulate’s office since the case was within their jurisdiction. We don’t have much information to share with what the legalities are...,” Shringi told the PDN.

In January letters Ken signed authorizing Calvo to act on his behalf, Ken said, “I am still here with no one in United Airlines, or the U.S. Embassy informing me of my rights and the reason for this situation.”

Ken’s wife has gone to the FSM Consulate since November. Ken also asked Calvo, his former parole advisor, to help communicate with agencies on Guam to provide clarity and guidance on how he could come back to Guam.

A church community in Pohnpei and Guam also have been helping Ken in Pohnpei and his family on Guam.

Working in Alaska

Prior to working for Trident Seafoods in Kodiak, Alaska as a sanitation employee, Ken worked at Jamaican Grill Restaurants and Mr. Rubbishman.

When his family learned about Trident Seafoods recruiting on Guam, he took a chance. He said the promised pay was good.

“We’re living paycheck to paycheck so I took the job in Alaska,” Ken said.

In Alaska, he said, he was paid $18.06 an hour.

“Before I left Guam, I sold my car so I can make advance payment for house rent and other bills while I wait to get paid on my job. I was supposed to go back home to Guam and prepare my family so they can come with me to Alaska,” he said. “Unfortunately, I got deplaned in Pohnpei.”