united-states immigration
Is it illegal for a family member to keep a U.S. certificate of naturalization or passport from its adult owner?
<p>In the U.S. is it legal for a family member to withhold certificate of naturalization &amp; passport from another legal adult?</p>

<p>What can be done to retrieve the documents?</p>

<p>If the passport that was stolen is a U.S. one, you should report it by any of the channels outlined on the State Department's page <a href="https://travel.state.gov/content/passports/en/passports/lost-stolen.html" rel="nofollow noreferrer">Lost or Stolen Passports</a>. The paper-reporting option is via form <a href="https://www.state.gov/documents/organization/212245.pdf" rel="nofollow noreferrer">DS-64</a>, which asks, among other things, whether you filed a police report; so it might be good to do that first. <a href="https://www.uscis.gov/sites/default/files/files/form/n-565.pdf" rel="nofollow noreferrer">Form N-565</a> is a similar form for requesting the reissue of a naturalization certificate, and it, likewise, asks about any police report.</p>

<p>Withholding someone's ID documents, knowing that they are necessary for travel, would be "false imprisonment" under both state and federal statutes. Also, 18 USC §§1426 and 1427 cover the crimes of "Reproduction of naturalization or citizenship papers" and "Sale of naturalization or citizenship papers"; a 10-year felony for a first offence. </p>

<blockquote>
  <p>"Whosoever unlawfully ... disposes of a ... certificate of naturalization, ... shall be fined under this title or imprisoned not more than ... 10 years (in the case of the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime),"</p>
</blockquote>

<p>If the police take your report but don't scare the possessor of your documentation into immediately returning it, you could sue him or her for the actual expenses of obtaining replacements in Small Claims court. If the mispossessed passport causes big enough damages, I guess you could sue in any court that has jurisdiction.</p>

<p>Sue them.</p>

<p>If someone has physical possession of property you own and does not voluntarily return it (and you do not have a contract with them that grants you repossession rights), the only lawful means of recovery from the person in possession is to sue them.</p>

<p>As a practical matter, however, it might be more timely and efficient for you to simply apply for a replacement copy. I would be surprised if the issuing authorities don't have a simple procedure to handle this.</p>
