The passport office of the U.S. Secretary of State is refusing to issue passports for a variety of reasons - child support, I.R.S. taxes, lack of Social Security number. Here is a Habeas Corpus Petition that I filed in the United States District Court of the District of Columbia regarding State's refusal to issue a passport to me due to lack of a Social Security Number. The basis for a Habeas petition is that anyone who may not receive a passport is in effect in "jail", custody being the correct legal term. Yes the jail is big as the U.S. but it is still a jail and that you are not free to leave and are "in custody" of the U.S. Secretary of State. Modify it to suit your circumstances.
All paragraphs in a Complaint must be numbered and the document be double spaced. Use either 13 or 14 size font. Century Gothic is the cleanest. The filing fee is $5, U.S. Postal Money Order only. You can file a Habeas petition in any U.S. District Court as the United States government has presence in all 94 districts. You will also need to fill out a Civil Cover Sheet, form JS 44. No summons is required. Generally three signed copies of the Petition together with the Civil Cover Sheet and the $5 money order, must be filed in the Court Clerk's office. Check the local Court rules and try to apply them as relevant. Service upon the Secretary of State must be made on the Legal Office of the Secretary of State using the address shown in the caption except that that will not be your responsibility in a Habeas petition. Use that address in the Civil Cover Sheet.
I suggest using certified mail, which costs about $3.50 additional. A return receipt is helpful to know when the Petition was served upon the Court clerk unless it is easier for you to serve the petition in person. Get the address for the Court Clerk from the website of the District Court in which you intend to file the petition. When the Judge reviews the Habeas petition, he/she will decide whether to serve it on the respondent, Tillerson in this case, or the petition will be denied and you will receive a Court Order to that effect. If denied your next course of action is an appeal to the Court of Appeals for the Circuit of the District Court where the petition was originally filed.
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF YOUR CHOICE
John Doe, )
) C.A. NO. _________________
Rex Tillerson, Secretary of State )
c/o Executive Office of the Legal Advisor )
Suite 5.600 )
600 19th Street NW )
Washington, DC 20522 )
PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. §2241
COMES NOW, John Doe, plaintiff and petitions for a Writ of Habeas Corpus. Due to the unusual nature of this Petition I am not following the suggested form.
Plaintiff, John Doe, is a native born U.S. Citizen, born on 1 April 1943 (age 74) and resides at 1 Easy Street, Anytown, Wisconsin 23456
Rex Tillerson is the U.S. Secretary of State. The State Department has responsibility to issue U.S. Passports. Tillerson can be served at Executive Office of the Office of the Legal Advisor, Suite 5.600, 600 19th St. NW, Washington, DC 20522
JURISDICTION AND VENUE
This Court has jurisdiction over this action pursuant to 28 U.S.C. §2441 (Federal Question).
Venue in this district is proper pursuant to 28 U.S.C. §1391(b).
1. Doe has been issued at least four U.S. Passports in his life with the first one being issued in about May 1967. Doe presented his birth certificate as part of his passport application as proof of U.S. birth place.
On May 10, 2017 Doe submitted a renewal passport application with picture, expired passport and fee to the National Passport Center in Sterling, VA via certified mail.
2. On or about June 10, 2017, Doe received from the National Passport Center a letter asking for certification that no Social Security Number had ever been issued to him. Their identifying number is RE: 123456789
3. Doe signed the statement under penalty of perjury provided by the Passport Agency and mailed it back to them.
4. A David A. Pomte (sic) writing for Karen A. Pizza, Director of Passport Services, in a letter dated 25 September 2017 denied me a passport.
5. Add any other relevant facts. Doe was never issued a SSN and Doe is in "custody" of the U.S. Secretary of State because Doe may not enter nor leave the United States without a passport.
6. Doe did not provide any SSN and did not (from Pomte’s letter) “willfully, intentionally negligently or recklessly provides an incorrect or invalid Social Security Number.”
7. Pomte is a typical bureaucrat, full of power over the lives of others claiming to know the law when in fact he is extremely ignorant. He is the kind of person whom Trump should fire. If Karen A. Pizza knowingly tolerates this kind of incompetence then Pizza should be fired also. Pomte playing God and lacking any real knowledge does not care how his actions affect the lives of others. Furthermore what does Social Security have to do with Passports? (this is an unnecessary opinion paragraph telling the Court and the Passport agency what I think of them)
8. Pomte wrote that that Doe did not provide “your Social Security Number”. This is another Pomte-State lie. If I “have”, meaning ‘possess’, a Social Security Number, please tell me where it is. Is it in my safe deposit box, on my right arm, hip pocket, left kidney etc. (you get the idea). No it is the government’s assigned and controlled “number”. I realize that the average person does not ask questions of reality like that. As a lifelong Chemical Engineer just like Galileo and Newton etc. I hope I am able to separate fact from fiction.
9. The so-called SSN is not a number at all, because it does not have the characteristics of numbers. Having studied Advanced Engineering Mathematics I feel qualified to make such a statement. Can you divide say 2.34 or 5.67 into “your” Social Security Number. How about taking the square root of “your “ SSN or adding two “numbers” together and see what you get? The SSN is not a number regardless of what 99.9% of the population believes. This “number” thing is just another government lie.
LEGAL BASIS FOR THIS PETITION
10. One of the very basic unremunerated rights of a citizen is to be free to leave and renter his country. The International Covenant of Civil and Political rights was ratified by the U.S. Senate on 8 June 1992. Article 12 of this treaty guarantees the right of a citizen to enter and leave freely.
11. The privileges and immunities clause of the U.S. Constitution guarantees to Doe the privilege of entering and leaving the U.S.
12. The Right to Travel is one of the unremunerated rights in the Ninth Amendment to the U.S. Constitution.
13. Doe has been declared guilty by Act of Attainder by the Executive Branch without trial and is not allowed to leave the United States. Bills of Attainder are violations of Article 1 Section 9 of the United States Constitution.
14. The United States government has in effect made the United States a prison, albeit a big prison, for those who do not have a passport. One may not leave nor return absent a passport.
PRAYER FOR RELIEF
15. WHEREFORE, Plaintiff prays that the Court:
Issue a Writ to Rex Tillerson ordering that the U.S. Passport Agency issue a passport to the plaintiff.
Pursuant to 28 U.S. Code § 1746 -- “I declare under penalty of perjury that the foregoing is true and correct.
Executed on 1 November 2017
John R. Doe
email@example.com got a problem or a question, e-mail me