Risenhoover v. Washington
Encyclopedia
Risenhoover v. Washington (Feb 12 2008, US Dist Minnesota, no 8th Circuit appeal) is a case that challenged passport denial to an individual for child support arrears under 42 USC 652(k), a statute enacted as part of the Personal Responsibility and Work Opportunity Act
of 1996.
Risenhoover's passport was revoked on December 15, 2005 when he was issued with a new one expiring on January 14, 2006 and valid only for return to the US. On the same date, he was apparently deported from Taiwan, blacklisted and denied reentry for six months. On February 22, 2006, the State Department issued a full-validity passport to Risenhoover based on notification from the US Department of Health and Human Services
that he had paid the outstanding child support. In March 2007, WCCS of Minnesota certified to DHHS that Risenhoover had again fallen behind his child support payments. In April 24, 2007, DHHS passed the WCCS certification to the State Department.
On September 15, 2007 the US State Department
American Institute in Taiwan
's (AIT) Consular Section in Taipei
refused to add additional pages to the passport of petitioner Paul Maas Risenhoover. Subsequently, on November 11, 2007, Risenhoover filed four pro se actions in the United States District Court for the District of Minnesota
, claiming, inter alia, habeas corpus
due to illegal detention and being forced to return to the US due to the refusal of the State Department to add pages to his passport which resulted in his expulsion and banishment from Taiwan.
The Court described Risenhoover's complaint as "a scrambled collection of conspiracy allegations and unexplained citations to federal statutes." Risenhoover maintained that he was subject to certain cognitive disorders and should not be discriminated against on this basis, arguing that he was effectively in custody wherever he went, because he was unable to travel internationally without a passport.
Due to the unstructured nature of Risenhoover's pleadings it is difficult to ascertain what ultimately happened but it is clear from court exhibits that he flew from Kaohsiung
to Tokyo
on February 26, 2006. He further complained of ill-treatment by the authorities at or about that time.
Risenhoover was originally subject to an Oklahoma child support order but responsibility for its enforcement was apparently transferred to Minnesota. He argued that he was entitled to an administrative hearing prior to the seizure of his passport and that Oklahoma or Minnesota were effectively attempting an extrajudicial extradition
. He further argued that at face value, the passport denial scheme of 42 U.S.C. § 652(k)
violated the Constitution's Due Process
and Equal Protection clauses. Finally he claimed that 42 U.S.C. § 652(k) amounted to an unconstitutional Bill of Attainder
.
and Eunique v Powell. It went on to reject his substantive due process
right to travel challenge, again citing Eunique (citing Weinstein). It rejected his Bill of Attainder argument because the legislation did not single him out and was non-punitive coupled with there being no facts showing that Congress intended to punish parents who owe child support arrears by denying their passport applications (citing Weinstein).
The court also denied his due process claim against the WCCS, indicating that since the requirements of 42 USC 652(k) (a reference to the "notice and opportunity"" requirement of 42 USC 654) had been met. Risenhoover's claim that WCCS willfully sent pre-certification notice to him at an address in Pan Chaio, Taiwan, where he no longer resided and that WCCS’s March 2007 certification to the DHHS that he owed past due child support, violated his rights to due process because there was “no notice, no hearing, and no evidence” was adjudged as without merit. Here the Court reasoned that "the availability of a post-certification administrative complaint procedure provided Petitioner with adequate procedural due process."
Personal Responsibility and Work Opportunity Act
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is a United States federal law considered to be a fundamental shift in both the method and goal of federal cash assistance to the poor. The bill added a workforce development component to welfare legislation, encouraging...
of 1996.
Background
Paul Risenhoover and Ying Lang divorced in 1995 when they were living in Oklahoma. Eventually, Ling received custody of their child and Risenhoover was order to pay child support. In 2005, Liang relocated to Washington County, Minnesota. There she sought enforcement of the Oklahoma child support order from the Washington County Community Services (WCCS) as Risenhoover had fallen behind in his payments by more than $5,000.Risenhoover's passport was revoked on December 15, 2005 when he was issued with a new one expiring on January 14, 2006 and valid only for return to the US. On the same date, he was apparently deported from Taiwan, blacklisted and denied reentry for six months. On February 22, 2006, the State Department issued a full-validity passport to Risenhoover based on notification from the US Department of Health and Human Services
United States Department of Health and Human Services
The United States Department of Health and Human Services is a Cabinet department of the United States government with the goal of protecting the health of all Americans and providing essential human services. Its motto is "Improving the health, safety, and well-being of America"...
that he had paid the outstanding child support. In March 2007, WCCS of Minnesota certified to DHHS that Risenhoover had again fallen behind his child support payments. In April 24, 2007, DHHS passed the WCCS certification to the State Department.
On September 15, 2007 the US State Department
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
American Institute in Taiwan
American Institute in Taiwan
The American Institute in Taiwan is a non-profit, public corporation established under the auspices of the United States government to serve its interests in Taiwan...
's (AIT) Consular Section in Taipei
Taipei
Taipei City is the capital of the Republic of China and the central city of the largest metropolitan area of Taiwan. Situated at the northern tip of the island, Taipei is located on the Tamsui River, and is about 25 km southwest of Keelung, its port on the Pacific Ocean...
refused to add additional pages to the passport of petitioner Paul Maas Risenhoover. Subsequently, on November 11, 2007, Risenhoover filed four pro se actions in the United States District Court for the District of Minnesota
United States District Court for the District of Minnesota
The United States District Court for the District of Minnesota is the Federal district court whose jurisdiction is the state of Minnesota. Its two primary courthouses are in Minneapolis and Saint Paul...
, claiming, inter alia, habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
due to illegal detention and being forced to return to the US due to the refusal of the State Department to add pages to his passport which resulted in his expulsion and banishment from Taiwan.
The Court described Risenhoover's complaint as "a scrambled collection of conspiracy allegations and unexplained citations to federal statutes." Risenhoover maintained that he was subject to certain cognitive disorders and should not be discriminated against on this basis, arguing that he was effectively in custody wherever he went, because he was unable to travel internationally without a passport.
Due to the unstructured nature of Risenhoover's pleadings it is difficult to ascertain what ultimately happened but it is clear from court exhibits that he flew from Kaohsiung
Kaohsiung
Kaohsiung is a city located in southwestern Taiwan, facing the Taiwan Strait on the west. Kaohsiung, officially named Kaohsiung City, is divided into thirty-eight districts. The city is one of five special municipalities of the Republic of China...
to Tokyo
Tokyo
, ; officially , is one of the 47 prefectures of Japan. Tokyo is the capital of Japan, the center of the Greater Tokyo Area, and the largest metropolitan area of Japan. It is the seat of the Japanese government and the Imperial Palace, and the home of the Japanese Imperial Family...
on February 26, 2006. He further complained of ill-treatment by the authorities at or about that time.
Risenhoover was originally subject to an Oklahoma child support order but responsibility for its enforcement was apparently transferred to Minnesota. He argued that he was entitled to an administrative hearing prior to the seizure of his passport and that Oklahoma or Minnesota were effectively attempting an extrajudicial extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
. He further argued that at face value, the passport denial scheme of 42 U.S.C. § 652(k)
42 U.S.C. § 652(k)
42 U.S.C. § 652 is a United States law sometimes requires the denial or revocation of passports for individuals who are fail to pay child support...
violated the Constitution's Due Process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
and Equal Protection clauses. Finally he claimed that 42 U.S.C. § 652(k) amounted to an unconstitutional Bill of Attainder
Bill of attainder
A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.-English law:...
.
Decision
The United States District Court for the District of Minnesota denied Risenhoover's habeas action, ruling that he was not in custody as defined by federal habeas statutes. The court further denied his procedural due process challenge, citing the 2nd and the 9th Circuits in Weinstein v AlbrightWeinstein v Albright
Weinstein v Albright 261 F.3d 127 is the seminal case challenging passport denial for child support arrearage under 42 USC 652, enacted as part of the Personal Responsibility and Work Opportunity Act in 1996.__FORCETOC__...
and Eunique v Powell. It went on to reject his substantive due process
Substantive due process
Substantive due process is one of the theories of law through which courts enforce limits on legislative and executive powers and authority...
right to travel challenge, again citing Eunique (citing Weinstein). It rejected his Bill of Attainder argument because the legislation did not single him out and was non-punitive coupled with there being no facts showing that Congress intended to punish parents who owe child support arrears by denying their passport applications (citing Weinstein).
The court also denied his due process claim against the WCCS, indicating that since the requirements of 42 USC 652(k) (a reference to the "notice and opportunity"" requirement of 42 USC 654) had been met. Risenhoover's claim that WCCS willfully sent pre-certification notice to him at an address in Pan Chaio, Taiwan, where he no longer resided and that WCCS’s March 2007 certification to the DHHS that he owed past due child support, violated his rights to due process because there was “no notice, no hearing, and no evidence” was adjudged as without merit. Here the Court reasoned that "the availability of a post-certification administrative complaint procedure provided Petitioner with adequate procedural due process."