Pacote Completo de Apelação (Pronto para Imprimir)
Instruções antes de enviar:
1. Clique no botão azul abaixo para exportar para PDF ou imprimir as 7 páginas.
2. Pegue uma caneta azul ou preta.
3. Assine a Página 1 (Notice of Appeal).
4. Assine a Página 3 (Motion for IFP).
5. Assine e coloque a data na Página 4 e na Página 7 (Declaração Financeira).
6. Coloque tudo num envelope e envie para Nova York (SDNY Pro Se Intake Unit).
SOUTHERN DISTRICT OF NEW YORK
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JOAQUIM PEDRO DE MORAIS FILHO, Plaintiff-Appellant, -against- UNITED STATES DEPARTMENT OF HOMELAND SECURITY (DHS), U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE), WELLS FARGO & COMPANY, and JPMORGAN CHASE BANK, N.A., Defendants-Appellees.
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Case No. 1:26-cv-02112-GBD NOTICE OF APPEAL |
NOTICE IS HEREBY GIVEN that Joaquim Pedro De Morais Filho, Plaintiff in the above-named case, hereby appeals to the United States Court of Appeals for the Second Circuit from the Order of Dismissal entered in this action on the 15th day of April, 2026.
Respectfully submitted,
_______________________________________
Joaquim Pedro De Morais Filho
Pro Se Plaintiff-Appellant
Rua Raimundo Mendes de Carvalho, 840
Icarai, Caucaia - CE
CEP: 61.620-130
Fortaleza, CE, Brazil
Phone: +55 85 991253990
Email: j360074@hotmail.com
SOUTHERN DISTRICT OF NEW YORK
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JOAQUIM PEDRO DE MORAIS FILHO, Plaintiff-Appellant, -against- UNITED STATES DEPARTMENT OF HOMELAND SECURITY (DHS) et al., Defendants-Appellees.
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Case No. 1:26-cv-02112-GBD MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL |
Pursuant to Rule 24 of the Federal Rules of Appellate Procedure, Plaintiff-Appellant Joaquim Pedro De Morais Filho respectfully moves this Court for leave to proceed in forma pauperis on appeal, and to waive the $605.00 appellate filing fee.
In support of this motion, Plaintiff states the following:
1. ACKNOWLEDGMENT OF THE ORDER: I declare that I was made aware today, May 9, 2026, of the Court's Order of Dismissal entered on April 15, 2026.
2. OPPOSITION AND GRAVITY OF THE SITUATION: I respectfully, yet firmly, oppose the District Court's decision to dismiss this action as "frivolous" under 28 U.S.C. § 1915(e)(2)(B). I submit this appeal in absolute good faith, as the underlying complaint raises profound, unsettled questions of Constitutional law and fundamental human rights that demand rigorous appellate review.
This appeal challenges an unprecedented, systemic, and unconstitutional machinery of wealth extraction operating in the shadow of federal immigration enforcement. The United States government (DHS/ICE) forcibly removes non-citizens, while highly regulated financial institutions (Wells Fargo, JPMorgan Chase)—acting under the color of federal anti-money laundering (AML) and Know Your Customer (KYC) frameworks—exploit this government-mandated physical absence. These banks weaponize geographic impossibilities (e.g., foreign IP blocks, U.S.-only SMS authentication, and mandatory in-branch visitation policies) to systematically lock deported individuals out of their lawfully earned, federally insured deposits.
This orchestrated sequence constitutes a "proxy taking" and a de facto civil asset forfeiture operating entirely outside judicial bounds. The District Court disregarded over a century of established Supreme Court precedent:
a. Fifth Amendment Protections for Aliens: The District Court implicitly endorsed the fallacy that extraterritorial non-citizens forfeit their property rights upon removal. This contradicts Wong Wing v. United States (1896) and Plyler v. Doe (1982).
b. Procedural Due Process: Under Mathews v. Eldridge (1976), the current bureaucratic architecture fails constitutional scrutiny. The private interest is absolute (my life savings); the risk of deprivation is 100%.
c. State Action Doctrine: Pursuant to Lugar v. Edmondson Oil Co. (1982), private parties (the Respondent banks) executing state-sponsored deprivations under federal compliance directives are rendered "state actors."
3. FINANCIAL HARDSHIP: Due to the very actions challenged in this lawsuit—my physical deportation and the subsequent freezing of my U.S.-based financial assets by the Respondent banks—I am currently facing severe financial hardship in Brazil. I am unable to prepay the $605.00 docket fees for this appeal. My fundamental constitutional right to appeal should not be barred by the poverty engineered by the Respondents.
Attached to this motion is my completed Affidavit in Support of Motion (Financial Declaration) detailing my absolute inability to pay the appellate fees.
Respectfully submitted,
_______________________________________
Joaquim Pedro De Morais Filho
Pro Se Plaintiff-Appellant
Affidavit in Support of Motion
| Appeal No. To Be Assigned | District Court No. 1:26-cv-02112-GBD |
I swear or affirm under penalty of perjury that, because of my poverty, I cannot prepay the docket fees of my appeal or post a bond for them. I believe I am entitled to redress. I swear or affirm under penalty of perjury under United States laws that my answers on this form are true and correct. (28 U.S.C § 1746; 18 U.S.C. § 1621)
Signed: ____________________________________________ Date: May 9, 2026
| Income source | Average monthly amount during the past 12 months | Amount expected next month | ||
|---|---|---|---|---|
| You | Spouse | You | Spouse | |
| Employment | $0 | N/A | $0 | N/A |
| Self-employment | $0 | N/A | $0 | N/A |
| Income from real property | $0 | N/A | $0 | N/A |
| Interest and dividends | $0 | N/A | $0 | N/A |
| Gifts / Alimony / Child Support | $0 | N/A | $0 | N/A |
| Retirement / Disability | $0 | N/A | $0 | N/A |
| Unemployment / Public-assistance | $0 | N/A | $0 | N/A |
| Other (Family support for food) | $50 (Est.) | N/A | $50 (Est.) | N/A |
| Total monthly income: | $50 | N/A | $50 | N/A |
| Employer | Address | Dates of employment | Gross monthly pay |
|---|---|---|---|
| None (Unemployed) | N/A | N/A | $0 |
| N/A | N/A | N/A | $0 |
| Employer | Address | Dates of employment | Gross monthly pay |
|---|---|---|---|
| N/A (Not married) | N/A | N/A | $0 |
Below, state any money you or your spouse have in bank accounts or in any other financial institution.
| Financial Institution | Type of Account | Amount you have | Amount spouse has |
|---|---|---|---|
| Wells Fargo & Company | Checking/Savings | $0 accessible (FROZEN) | N/A |
| JPMorgan Chase Bank | Checking/Savings | $0 accessible (FROZEN) | N/A |
*Note: As detailed in the complaint, all my assets in the U.S. have been unconstitutionally frozen by the Defendants utilizing AML/KYC policies, leaving me with $0 of accessible funds.
| Home / Real Estate | Motor vehicle #1 | Motor vehicle #2 | Other assets |
|---|---|---|---|
| None ($0) | None ($0) | None ($0) | None ($0) |
| Person owing you money | Amount owed to you | Amount owed to your spouse |
|---|---|---|
| None | $0 | N/A |
| Name (or initials) | Relationship | Age |
|---|---|---|
| None | N/A | N/A |
| Expense | You | Your Spouse |
|---|---|---|
| Rent or home-mortgage payment Are real estate taxes included? [ ] Yes [ X ] No |
$0 (Living w/ family) | N/A |
| Utilities (electricity, heating fuel, water, sewer, and telephone) | $0 (Paid by family) | N/A |
| Home maintenance (repairs and upkeep) | $0 | N/A |
| Food | $50 (Covered by family) | N/A |
| Clothing / Laundry and dry-cleaning | $0 | N/A |
| Medical and dental expenses | $0 | N/A |
| Transportation (not including motor vehicle payments) | $0 | N/A |
| Recreation, entertainment, newspapers, magazines, etc. | $0 | N/A |
| Insurance (not deducted from wages or included in mortgage payments) | $0 | N/A |
| Taxes (not deducted from wages or included in mortgage payments) | $0 | N/A |
| Installment payments / Credit cards | $0 | N/A |
| Other (specify): None | $0 | N/A |
| Total monthly expenses: | $50 | N/A |
☑ No ☐ Yes. If yes, describe on an attached sheet.
☑ No ☐ Yes. If yes, how much? $_______
Caucaia, Ceará, Brazil
Your daytime phone number: +55 85 991253990
Your age: 30 Your years of schooling: 12
Last four digits of your social-security number: 6789
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: May 9, 2026
_________________________________________________________
Joaquim Pedro De Morais Filho
(Signature)
