IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE: :
:
PROCEDURES FOR HANDLING :
SURRENDERED PASSPORTS :
:
STANDING ORDER
AND NOW, this 22nd day of August, 2023, it is ORDERED as follows:
1. Upon surrender of a defendant’s passport to U.S. Probation and Pretrial Services,
the original passport and Form PS-40 or PS-40A (the “Form”) shall be retained by the Fiscal
Department (“Fiscal”) until final judgment is entered, including any appeals, and a copy of the
Form shall be forwarded to the United States Department of State (“State Department”) or to the
appropriate Immigration and Customs Enforcement field office (“ICE”).
2. Upon transfer of a case to another district, defendant’s passport and a copy of the
Form with the case file shall be forwarded to the transferee court.
3. If judgment has been entered on a not guilty verdict, the Court shall order that the
passport be returned to the defendant.
4. The Clerk shall deliver the passport to counsel or the defendant, unless the Clerk’s
Office has been notified that the passport is required for evidentiary purposes in another
proceeding.
5. Fiscal shall complete the Notice of Disposition section of the Form and forward
copies of the Form and Order to the State Department or to ICE. Fiscal shall retain the original
completed Form and forward a copy to case processing for docketing.
6. If the defendant has been convicted and final judgment has been entered, including
appeals, the Court may order that the defendant’s passport be returned to the State Department or
to ICE for United States passports or to the consulate of the issuing country for foreign passports.
7. United States Passports: Within ninety (90) days from the date of the Order
directing the return of a United States passport to the State Department or to ICE, the defendant
may file a motion requesting that Fiscal return the passport to the defendant or his counsel. A
sample motion can be found on the Court’s website www.paed.uscourts.gov. If after ninety
(90) days no motion has been filed, Fiscal shall forward the passport to the State Department or
to ICE unless the Clerk’s Office is notified that the passport is required for evidentiary
purposes for use in another proceeding.
Fiscal shall complete the Notice of Disposition section of the Form and forward a copy of
the Form and the Order to the State Department or to ICE. Fiscal shall also forward a copy of the
completed Form to case processing for docketing. Fiscal shall retain the original.
8. Foreign Passports: Within ninety (90) days from the date of the Order directing
the return of a foreign passport to the consulate of the issuing country, the defendant may file a
motion requesting that Fiscal return the passport to the defendant or his counsel. A sample motion
can be found on the Court’s website at: www.paed.uscourts.gov. If after ninety (90) days
no motion has been filed, Fiscal shall forward the passport to the consulate of the issuing
country unless it has been notified that the passport is required for evidentiary purposes for
another proceeding.
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Fiscal shall complete the Notice of Disposition section of the Form and forward a copy of
the Form and the Order to the consulate of the issuing country. Fiscal shall also forward a copy
of the completed Form to case processing for docketing. Fiscal shall retain the original.
9. If the Clerk is notified that a passport is in a false name, Fiscal shall forward the
passport to the State Department, ICE, or to the appropriate consulate of the issuing country.
10. Expired United States passports shall be handled in the same manner as valid
United States passports. Expired foreign passports shall be returned to the consulate of the issuing
country.
BY THE COURT:
/s/ Juan R. Sánchez
Juan R. Sánchez
Chief Judge
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