IML Judge Cancels Hearing on Motion to Dismiss

The federal judge to whom the IML lawsuit was assigned has canceled today’s hearing on the government’s Motion to Dismiss the entire case. According to Judge John F. Walter, he will make a decision based solely upon the documents filed both in support of, and in opposition to, that motion. The judge has no deadline by which he is required to make a decision on the motion. The judge’s decision on the government’s motion will be posted on this website as soon as it is available.

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Maybe pessimistic, but don’t get a good feeling when reading this.

Well… ok. Is that a good thing or a bad thing?

This seems like a positive thing. The judge didn’t want to waste time having the government argue against the case even being heard.

Except that in order to CHANGE anything an argument must be heard. This does not bode well for us.

good things come to those who wait, right? Since there is no deadline for him to rule, I could see this dragging on for months, just like it is for the 10th circuit to rule – coming on a year now. The longer this one takes, the more passports will be stamped, taken away, etc. It sucks, but we have no control over these judges and can only hope we get really lucky and they do the RIGHT thing. I also know that because he said this doesn’t mean one thing or another, Could be good or bad, but why stress about it trying to predict the future? thank you to all the attorneys and people working on this!!

This lawsuit is just trying bite off a few limbs. Sue the government for fraud and go for the roots

To dismiss a lawsuit without a hearing would seem to violate some kind of due process. Whereas to allow a lawsuit to continue without a hearing would be neither here nor there. So i’m leaning on the side that this is not bad news.

International Megan’s Law.

People do not form government to protect foreign nationals. It is an antithetical preposition!
YET here it be.

IMHO, an obvious example of selling out to foreign interests. Wal-Mart shoppers express the mindset of the general population daily. Global capitalists are very much a threat to national security. Americans will sell out everything and anything if the price is right.

IF N.C. V Packingham proves anything it provides the clearest intent of Megan’s law. That is to impose affirmative disability via database.

Really? how recent?

I want to renew my passport, but like everyone else I’m worried about the last page of the passport.

I can only hope that the attorneys and paralegals fighting this case have brought forth a couple of valid points with documents to prove the first is that generally people on the registry have a re-offense rate of less than 1% and people with specific crimes against children have a re-offense rate of less than 3%

The other valid point that I would hope that they argue is that a person’s reputation is a protected liberty interest which requires that each and every person would have to be taken into court and proved beyond reasonable doubt that they are a danger before they can have that stamp put on their passport. see the article and SOSEN about that

I am very confused here. Isn’t the Interpol reporting the arrival of a RSO so the country is aware? Even though the passport identifier is a terrible implementation, I don’t think they make as much harm as the green notice the Interpol is sending.

Any chance of an RC studying abroad? Or even getting a visa within the EU (excluding the UK)?

Hello, I’m a new RSO, I just found out the laws concerning IML. Breaks my heart because prior to my stupid conviction I would travel the world for work. I have a law enforcement/ gov’t background, and through my career I have built great connections in a certain Southwest Asia country that i cannot mention on here. I know one of the three active Interpol officers in this country, I have another friend who is secret police, and customs and immigration. I am planning a trip and once the green notice is sent my friend will give me my file. Once I get it, I will be glad to share what is sent (I.e. the green notice, the entire process, U.S. contact info of the person sending the notices, etc). Please give me a month or two to respond, my friend has not had any green notices for RSO come across his desk, he also said that he hasn’t had any Interpol training on IML or is aware of IML. RSO are welcomed to this country without a visa. Good luck out there.

Oh, you’ve got a sharp, error-correcting eye! Yes, you are absolutely right! Thanks for the correction. The correct spelling is something I had lost track of in the passage of time (and possible onset of senescence) and so I needed this refresher. Habits of mind, indeed. Thanks!

The federal district court has dismissed this case. An article regarding the dismissal as well as a copy of the decision will soon be added to the website in a separate article.