Is it illegal to withhold someone's passport and green card in California?

Question

June 17, 2019 - My uncle's daughter is the petitioner in Beaumont California (father and daughter relationship). Before my uncle left the daughter's house, He asks for his Philippine passport and U.S. alien-green-card but the daughter didn't give my uncle's IDs. So my uncle left together with his brother to live permanently in Vallejo, California. How can my uncle get his passport and green card back?

Update - July 06, 2019 My uncle and his brother went back to Beaumont and called a Police Officer to help out to get my uncle's personal ID's but my uncle's daughter didn't give back his ID's (Philippine passport, & Alien/green-card). Her reason to the police officer was since she was the petitioner, she is responsible for his dad (my uncle) and the only he can get it back his ID's is when he return's to the Philippines for good.

1. Can we file in the city of Beaumont for small claims court to get his personal property back?
2. What are the procedures to file? What forms do we need to use?
3. My uncle is not fluent in English speaking, can we request a translator?

Thank you in advance for all your help.

Answer 1

The green card should always be at hand

Yeah, he can't do that. He needs a green card in his possession anytime he's not on private property. Obviously for instance leaving it in the gym locker while you're at the gym is ok, but no, you can't dash off to the grocery store without it, on the logic that it's "just in town". Just like I can't make a milk run without my driver's license. So this idea of dashing off on a 400 mile adventure, is Right Out.

He should have absolutely refused to travel without the documents in hand. If they say "get off the property or we'll call the cops", then tell the cops "I can't leave without my passport/green card" which the cops will back up, because they know the law and they know how trafficking works.

The right to strut around the USA without any ID at all is reserved for US citizens only, and even that is being stripped away by ever-changing laws.

Those documents are someone else's property

The Green Card is the property of the USA and is not hers to steal. The passport is the property of the Philippine government and is not hers to steal. She didn't take your stuff, she took theirs. So she is guilty of a Federal crime, and the long arm of Philippine law may have an "opinion" on the matter also.

Of course, most people don't think of it that way. They think your ID is your property so they think they're only messing with you.

I would absolutely, positively report theft of the passport to the Philippine consulate. (Or rather, just report a missing passport, and be free about explaining the circumstances). One might hope that a phone call to consular staff might scare her straight, and get her to send it along. Most likely the green card would be in there also. Or, he could pay the fees to have a replacement passport issued.

However the important one is the Green Card, since that establishes your right to be in the USA. On that one, you must consult an immigration lawyer and find out what you need to do. You certainly can get replacement green cards (not cheap), but admitting you don't have yours could cause you problems.

People often seize documents for a reason

And what makes me think that is, the uncle is a grown adult and the daughter's elder, and I thought that meant something in the Philippines. He is supposed to be more adult and more responsible. As such, he should be responsible for his own documents. Yet, this seems to be in the daughter's hands; this raises red flags.

Maybe what she did was a harmless prank. But usually, taking an immigrant's documents is done for an entirely evil reason. Either they are forcing them into indentured servitude (also called "trafficking") - so if he is now in a situation where he is being extorted to do work in a worse situation or worse wage than he'd take willingly, then he is a trafficking victim, and the taking documents is part of the plot. The US has some legal protections for trafficking victims.

Or they are "setting him up" for failure in some other way - for instance, out of idle malice, the niece might be planning to call immigration and report him as being illegal, hoping he'd be found with no green card, and deported for not having it.

Answer 2

It might be sufficient to have a lawyer draft a letter asking for the return of the documents; many people become much more reasonable after seeing something in writing that spells out what laws they are breaking and what the likely consequences are.

Filing a police report may become necessary, but might not be the best way to ensure that the documents are returned in a timely manner.

Answer 3

A necessary first step in such a situation is filing a police report in the town where the withholding/theft occurred (or is suspected to have occurred.) Generally, a complainant can do this by visiting a police station and being interviewed by an officer. Once the report is taken, a few possible outcomes might occur:

1. The police visit the person suspected of holding the documents, and persuade them to give them back.
2. The police visit the person suspected of holding the documents, but are convinced (either rightly or wrongly) that the suspect does not actually have the documents.
3. The police do not bother to visit the person suspected of holding the documents due to other, more pressing matters.

In scenario 1, the complainant will get their documents back. In scenario 2 or 3, the complainant will have to get their documents replaced by their home country and/or the United States. The procedure for the replacement of lost or stolen documents often requires the filing of a police report, so with either one of these outcomes, filing a police report is necessary.

Answer 4

Stop asking around on internet now.

Your uncle needs to talk to his daughter and get his Green Card (this should be possible seeing how she is is daughter?!).
If that doesn't work right away, police must be involved without much delay, but your uncle should first consult an immigration lawyer because there are several traps he can step on.

A Green card can be revoked for several reasons (some well-known and obvious, some not so obvious --- therefore consult an immigration lawyer). Among these are misusing the Green card, committing crime and abandoning a permanent residence. So, it is of utmost importance to be 100% sure you are on the positive side for these before making it official with the police. Once you made something official there is no going back!
You know, just be sure you'll not shoot your foot. Lawyer up.

USCIS tells you that you are required to carry your Green Card at all times. So, not having one is troublesome and may result in it being withdrawn if you are accidentially caught. Because, well, you're acting against the law. That's a problem.

The fact that there is no good reason to not hand the Green Card that is legitimately yours to you, other than to e.g. traffic people into the country with it, which is clearly a "misuse", further shows that trouble may be ahead. Or why would one otherwise do that (plus, keep the passport). Coyotes regularly do such things to blackmail people, and it's clearly in the realm of "illegal". That's a problem.

This situation must be resolved, and it must be done either secretly and amicably, and quick... or by a trained, specialized professional who makes sure the blame is not with your uncle.