U. S. Di 31. ·_;T COUR T
IN THE UNITED STATES DISTRICT COU:InS T :~IC T OF WYOMIN G
FOR THE DISTRICT OF WYOMING
1D
1Y JUN 30 Arl 10 23
Administrative General ) GENERAL ORDER Riclltrl~~R IS, CLER K
Order 2014-01 ) PASSPORT NOTICES AND D1~i>C5~oN
) OF SURRENDERED PASSPORTS
When a passport is surrendered by a defendant, the District Court Clerk for the
District of Wyoming will become the custodian of the document. Upon receipt of a
passport, Clerk' s Office personnel will complete, file and distribute either Form PS 40
(Notice Regarding United States Passport for Criminal Defendant) or Form PS 40A
(Notice Regarding Foreign Passport for Criminal Defendant) (sample forms attached).
Passports should be retained in a locked depository within the Office of the Clerk
pending their use as evidence or the disposition of charges, and then disposed of as
described below. The date and method of passport disposition should be memorialized in
the defendant' s case file.
Defendant Not Convicted: Clerk' s Office personnel should request the Court' s
permission to return the document to the defendant. Exception: If the passport is known
to have been issued in a false name, Clerk's Office personnel should seek Court
permission to return the document to the Department of State (if a United States passport)
or to the appropriate Immigration and Customs Enforcement - Detention and Removal
Office (ICE DRO) (if a foreign passport) unless the document is being held for
evidentiary purposes for another proceeding.
Defendant Convicted: Absent specific directives from the Court, Clerk's Office
personnel should return the passport to the Department of State (if a United States
passport) or to the appropriate regional office of Immigration and Customs Enforcement
(if a foreign passport). Send with the passport an updated copy of the Form PS 40 or
Form PS 40A that was used for the original notification, along with a copy of the
Judgment. The Judgment accompanying foreign passports being sent to ICE DRO
should be certified whenever possible.
Expired Passports should be handled the same as valid passports.
Dated this ~ day of June, 2014.
. District Judge
District of Wyoming
PS 40 (Rev. 12113) Notice Regarding United States Passport for Criminal Defendant
UNITED STATES DISTRICT COURT
for the
NOTICE REGARDING UNITED STATES PASSPORT FOR CRIMINAL DEFENDANT
TO: Office of Legal Affairs FROM:
U.S. Department of State
CAIPPT/SIL/LA
U.S. DepartmentofState, SA-17A
1150 Passport Service Plaza
Dulles, VA 20189-1150
D Original Notice D Notice of Disposition
Date: Date:
By: - ---------------By:
Defendant: Case Number:
Date of Birth: Place of Birth:
SSN:
Notice of Court Order (Order Date: _ ________ )
D The above-named defendant is not permitted to apply for the issuance of a passport and/or passport card during the
pendency of this action.
D The above-named defendant surrendered passport number - - - - - - -- - and/or passport card number
_ __ _ __ __ _ to the custody of the U.S. District Court on
NOTICE OF DISPOSITION
The above case has been disposed of.
D The above order of the court is no longer in effect.
D Defendant not convicted - Document returned to defendant.
D Defendant not convicted - Document enclosed for further investigation due to evidence that the document may
have been issued in a false name.
D Defendant convicted - Document and copy of judgment enclosed.
Distribution :
Original to case file
Department of State
Defendant (or representative)
Clerk of Court
PS 40A (Rev. 01/ 10) Notice Regarding Foreign Passport for Criminal Defendant
UNITED STATES DISTRICT COURT
for the
NOTICE REGARDING FOREIGN PASSPORT FOR CRIMINAL DEFENDANT
TO: Immigration and Customs Enforcement - DRO FROM:
•
Date:
Defendant: Case Number:
~----~-----------~
Date of Birth: Place of Birth:
SSN: Alien ("A") Number:
~-------------------
Notice of Court Order (Order Date: _ _ _ _ __ _ _ )
The above-named defendant surrendered Passport Number (Issuing
Country _ __ _ _ __ _ __ _ _ _ _ to the custody of the U.S. District Court on
NOTICE OF DISPOSITION
The above case has been disposed of, and the above order of the court is no longer in effect.
0 Defendant not convicted - Document enclosed for further investigation due to evidence that the
document may have been issued in a false name.
0 Defendant convicted - Document and copy of judgment enclosed.
Distribution:
Original to case file
Immigration and Customs Enforcement
Defendant (or representative)
Clerk of Court