Source: ACSOL
Update as of Aug 17, 2022: The hearing date has again changed.
The new hearing date is now set for Sept 12, 2022 at 9:00 am Pacific Time.
Click below to read the document filed with court requesting that the judge change the hearing date from Aug. 29 to another date to be determined. The reason given is that the assistant U.S. attorney has a scheduling conflict.
Stip to Continue date for hearing on PI motion – Aug 2022
A hearing is in a federal district court to discuss a motion for preliminary injunction in the case challenging the SORNA regulations that became effective earlier this year. The hearing will begin at 9:00 a.m. in the U.S. District Court, which is located at 3470 12th Street, Riverside, in Department 1 before Judge Jesus Bernal. The hearing is open to the public. The hearing is expected to be accessible via the courts Zoom Webinar link
Updated and additional information can be found at the web page Honorable Jesus G Bernal | Central District of California | United States District Court (uscourts.gov)
The motion for preliminary injunction was filed on behalf of ACSOL and an unnamed individual plaintiff on June 3. The government filed its reply brief on Jun 24.
“The court’s decision regarding the motion for preliminary injunction is expected to be significant,” stated ACSOL Executive Director Janice Bellucci. “If the motion is granted, it could stop enforcement of the challenged SORNA regulations nationwide“.
At least one attorney from the Pacific Legal Foundation, which filed the SORNA regulations challenge, will present an oral argument in this case during the Aug 29 hearing. The judge may or may not rule on the motion during the hearing.
Click here to see the Zoom hearing information, which is under the heading “Zoom Webinar Information”
REMINDER: if you want to receive occasional emails on SORNA news, sign up to be on the list by entering your email in the ” I want to be kept up to date on the CA Tiered Registry and SORNA regulations” form on the right side of every ACSOL page (or the bottom if you are on a phone)]
Plaintiffs’ Complaint
Plaintiffs’ Motion For Preliminary Injunction
Defendants’ Memorandum In Opposition
To Plaintiffs’ Motion For Preliminary Injunction
STIPULATION TO CONTINUE AUGUST 29, 2022 HEARING
What exactly is Sorna regulation
So I have a question regarding being removed from the registry. So if a person is no longer required to register per state and then moves on a military base in that state, are they going to be required to register? I ask this since the base is in the jurisdiction of that state but it is a Federal Reservation and will they follow the judgment of the court in that state or will they force you to follow SORNA while living on base?
We’ll turn around cxl flight car rental. Thx Fed Ct tabling to the 1st. Now I can Reg early
I’m just thinking aloud in my mind here.
Hmmm… So the Feds are overstepping their responsibilities. The old SORNA only applied to those states who took funding and recognized each state’s version of expungement (the conviction set aside/dismissed), a sign of rehabilitation. The new SORNA now no longer recognizes each state’s ability to grant expungement via bypassing the legislative process at the federal level.
When can the executive branch re-write laws without going through Congress? When can the executive branch dictate to a state what is no longer a conviction? Wait… the executive branch can override state laws and dictate its own laws upon said state(s)?
In essence, the federal government is usurping state’s power of legislation without going through it’s own legislation to create the new SORNA. This is a huge power grab against state’s right to legislate.
With this suit, it also identifies that the federal government is defaming all those who earned their case to be set aside, received a legal venue of recognized rehabilitation, or granted petition off the registry. It’s like if a person finishes their sentence in jail in CA and set free, but the fed gov’t doesn’t recognized the person being set free from prison. In CA, that person is free, but the moment that person steps onto a different state, then that person gets put back into jail. With the new SORNA, we’re 1/50th of a citizen because only CA recognizes those people who earn relief that differ from the new SORNA law that was not passed by Congress.
The overturning of Roe v Wade was because abortion is not a Constitutional right like the right to bear arms or freedom of speech. Roe v Wade isn’t a federal issue; it is a state’s issue. A state, Mississippi, protested (prohibiting) that delegation at the SCOTUS level that led to overturning Roe v Wade.
The registry also isn’t a Constitutional right. That means each state is in control of their own registry, which is why each state has different violations such as differing ages of consent as well as differing pathways off the registry like expungements or petitions. CA is protesting (wanting a prohibition) the delegation of power from the US.
@ED C shared this recent SCOTUS ruling too:
Replace EPA with Fed AG with respect to SORNA.
It’s two-fold here against the federal gov’t.
Since SORNA info is populated by each state’s registry and recognized federally (see International Megan’s Law, or IML), then maybe we could get a court to recognize if one comes off the registry, then one is off the registry for all intents and purposes for all of the US. I don’t understand why someone who no longer has to register must be wary of being back on the registry in another state? It feels like double jeopardy, but 50+ times jeopardy over if one includes DC and US territories. Are we ever free from the registry in its current form even when you no longer have to register? No.
Janice is fearless, she truly is an inspiration for me it’s just a waiting game at this point and if I’m relieved of my duty to register this year Janice and ACSOL team Ima need a job.
Back in high school I use too past out fliers And promote Underground rave events through gorilla advertising I was really good at it, all of are events were packed we made all of are money back and then some and we were only 15/16 years old.
Also I have family in Denver Colorado And because ACSOL is a nationwide organization I could also organize out there too
stay focused 🤔
The federal SORNA notification has already started and is being made at one’s in-person registration for those in Texas, a non-SORNA compliant state.
The Texas Department of Public Safety which manages the registry, made a change to its promulgated form that local law enforcement is required to use for registrations and which registrants are required to fully complete and sign.
The notification…
“Criminal Penalties – Adam Walsh Child Protection and Safety Act of 2006 and the Sex Offender Registration and Notification Act/SORNA: I understand that if I fail to comply with the sex offender registration requirements and travel across state lines or into another country, I may be prosecuted under federal law, 18 USC 2250, punishable by up to 10 years imprisonment. If I fail to comply with sex offender registration requirements, and if I am required to register based upon a federal, military, tribal, or US territorial conviction for a sex offense, I may be prosecuted under this law regardless of travel. I understand this is separate from any prosecution for violations of State laws for failure to comply with registration requirements.”
And each Texas registrant is required to initial next to this statement. And according to state law, it is crime if one refuses to provide all information required on the form (including initialing in multiple places to acknowledge notifications).
I listened to the 7/23 phone meeting, and I am not clear on the SORNA travel notification requirement. California is not fully SORNA compliant, and I do understand you have to give a 21 day notice if traveling internationally. Did Chance mention that traveling to just another State also requires notification?
The court has delayed the hearing date for a second time. The new hearing date is Monday, August 8, and the time remains 9 a.m. The judge and location are also the same.
Hmmm. 🤔 Postponed twice at DOJ requests. DOJ knows this won’t be an easy case!
(I wonder how the Judge will respond if, next week, DOJ requests yet another postponement. 🤔)
It seems that the court may have found a bulletproof ( or nearly bulletproof ) argument against the new SORNA regulations and they could be seeking some way to judge in the doj’s favor in order to keep from public outrage at what should be the obvious outcome and this could be the reason they keep changing the date-there is an elephant in the room!!
Sounds like someone is shaking in their boots and know it’s unconstitutional and is overreaching.
I have been off the registry since March of 2016. My conviction was back in 1992 and since that time I have not been in any kind if trouble at all. I now have a home, a high paying job and I dont bother anyone. I have complied with all requirements from New York State but it seems like government cannot honor their agreement. My conviction of having sex with an underage girl I met in a bar was a county charge. Not state or federal government. So what federal crime did I commit to be threatened to be put back on a now federal registry? If this Sorna goes through I will lose everything. I already lost my Philippine wife and my two girls in 2017 because our A hole Government wont let them in and to this day I have not heard from them or have any idea where they are. That’s the punishment that never quits that I live with in pain everyday . But to the corrupt DOJ the punishment is never enough. I really believe they are pushing registrants to commit the unforgiven
LOL 🤣 Really, a 3rd postponement? OMGollyGosh. 🙄
This is getting old…
It seems to me that are back door “stone walling” going on.
Would this only work for those who are not required to register in their states?
I checked Judge Bernal’s calendar for Monday, August 15, and the SORNA case is not listed on that calendar. I also checked the PACER website and there are no documents regarding another delay. Further, I checked with the PLF attorney and he said he has not received information yet about a delay. We will update this report as soon as we have additional information.
Why so many delays?
I was unaware of this suit until today. I am unclear why John Doe is suing? Within the text of SORNA are still the duration of registration requirements.
https://www.govinfo.gov/content/pkg/FR-2021-12-08/pdf/2021-26420.pdf
See page 14, very bottom of center column.
“Section 72.5 sets out SORNA’s requirements regarding the duration of registration. SORNA classifies sex offenders into three ‘‘tiers,’’ based on the nature and seriousness of their sex offenses and their histories of recidivism. See 34 U.S.C. 20911(2)–(4); 73 FR at 38052–54. The tier in which a sex offender falls affects how long the offender must continue to register under SORNA. The required registration periods are generally 15 years for a tier I sex offender, 25 years for a tier II sex offender, and life for a tier III sex”
The time tolls from release of prison, or sentencing if there is not prison time.
Those are the minimum duration requirements for the states. The states may not set shorter durations. They can set longer durations to whatever their legislature needs to bloviate for their reelection, and many do.
Is there any reason at this point that Doe would not be a level 1 even if he had to register?.
The Complaint states his offense was 25 years ago.. Even if a level 2, it has been 25 years (unless he did a lot of prison time).
I admit I have not read every word of this new register, but those duration requirements have been in SORNA from the start. What have I missed?. Why is Doe now required to register under SORNA if he has fulfilled the duration of the registration requirement under SORNA?
I’ve seen fewer delays from Jet Blue Airlines. Good thing no one is putting their lives on hold to go and support this.
I’d venture to guess, since we aren’t popular that that’s why the Judge keeps pushing the hearing date forward over and over and over again.
Wondering if they are postponing to capture as many heads as they can before whatever happens happens and many are going to be stuck where they are or worse. But God willing it goes in out favor, there efforts will be useless. And we can pretty much guarantee they will delay letting anyone off the reg and they will come up with some sort of illegal fix like they did here in Pa. After the Muniz decision came down. I had to hire a lawyer to get them to remove me like they were ordered to do. I got scammed by the first lawyer and it’s a good thing I caught onto his game quick because that would have cost me big time, If anyone hires a lawyer that can afford one, make damn sure they have represented someone on the reg before and have a good rep.
Until if and when the new SORNA regulations are put on hold or overturned, I would be careful about traveling to Alaska. If there for any amount of time at all and if there less than 30 days, there is a temporary presence form to complete for Alaska where one is required to provide one’s current registration jurisdiction.
I would be concerned that Alaska LE could and would contact one’s current registration jurisdiction. If one is away from home 7 days and did not report that per the new SORNA regulations, one’s current registration jurisdiction could report you to the US Marshall’s Office and one could be nailed with possibly prison time for violation of the new SORNA regulations.
Just be careful and cover your butt if traveling to Alaska. If you don’t want to report to your local LE you were away from home for 7 days or more and don’t want to report where you will be staying/stayed, then be back on day 6.
Who didn’t see that coming? Why don’t they just cancel it altogether? No one could stop them…
Sometimes postponments are a good thing. Lets keep the faith.