International Refugee Assistance Project v. Trump

Filing 259

DOCUMENT referencing [258] Motion for leave to file, [195] Document , [194] Motion for leave to file, [193] amicus curiae Brief , [192] Motion for leave to file by Amicus Supporting Appellee Airport Attorneys Coalition. [1000068180] [17-1351] Michael Roberts

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ATTACHMENT P UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ‘___________________ No. 17-1351 (8:17-cv-00361-TDC) ___________________ INTERNATIONAL REFUGEE ASSISTANCE PROJECT, a project of the Urban Justice Center, Inc., on behalf of itself; HIAS, INC., on behalf of itself and its clients; MIDDLE EAST STUDIES ASSOCIATION OF NORTH AMERICA, INC., on behalf of itself and its members; MUHAMMED METEAB; PAUL HARRISON; IBRAHIM AHMED MOHOMED; JOHN DOES #1 & 3; JANE DOE #2 Plaintiffs - Appellees v. DONALD J. TRUMP, in his official capacity as President of the United States; DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF STATE; OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE; JOHN F. KELLY, in his official capacity as Secretary of Homeland Security; REX W. TILLERSON, in his official capacity as Secretary of State; DANIEL R. COATS, in his official capacity as Director of National Intelligence Defendants – Appellants ________________________________________________________________________ SUPPLEMENTAL DECLARATION OF OFELIA LEE CALDERÓN I, Ofelia Lee Calderón, upon my personal knowledge, declare under threat of perjury as follows: 1. My full and complete name is Ofelia Lee Calderón. I am an attorney licensed in Maryland, the District of Columbia, and the Commonwealth of Virginia, and an amicus in the Airport Attorney Coalition Amici Curiae brief. 2. On April 19, 2017, I submitted a declaration in connection with an amicus brief in this action filed by a coalition of airport attorneys, Attachment E (ATT-24-26). 3. In an abundance of caution and deference to the Court and in order to ensure the accuracy of the factual record, I wish to make the Court aware of new information that was not known by me when I submitted my declaration on April 19, 2017. 1 Att. 58 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT 4. On April 20, 2017, I was contacted by Sirine Shebaya and Simon SandovalMoshenberg, an attorney at Legal Aid Justice Center, to relay information Mr. Sandoval-Moshenberg had provided to Ms. Shebaya about our filed amicus brief and my declaration. They brought to my attention, for the first time, that some of the details described in my declaration have since been found to be different from our original understanding of the facts. 5. Specifically, in paragraph 12 of my declaration, I stated: I have since learned that the Aziz brothers were detained and handcuffed by CBP, forced to sign form I-407 relinquishing their lawful permanent resident status, and sent to Ethiopia where, upon information and belief, they currently remain. They were not given copies of any of the documents they signed. At no point during their detention were they allowed access to counsel. 6. Mr. Sandoval-Moshenberg informed me for the first time, however, that the clients we were attempting to see were coerced into signing documents withdrawing their application for admission and relinquishing their immigrant visas (rather than Form I-407 documents relinquishing their Lawful Permanent Resident status). He also reminded me that although they were sent to Ethiopia where they remained for some time, attorneys eventually secured their return to the United States through litigation. Finally, he informed me for the first time that the clients were not handcuffed (but rather fingerprinted) and were deported early in the day on Saturday January 28, 2017, before we attempted to gain access to them. Nevertheless, at no point were they permitted to seek the advice of an attorney. 7. Accordingly, my declaration should read: I have since learned that my clients were forced to sign forms withdrawing their application for admission and relinquishing their immigrant visas, and sent to Ethiopia where they remained for some time. Attorneys representing them in the lawsuit filed in the Eastern District of Virginia eventually secured their return to the United States. They were not given copies of any of the documents they signed. At no point during their detention were they allowed access to counsel. 8. I believe that this new information about what transpired with our clients does not change the sum and substance of the brief. 2 Att. 59 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT I, Ofelia Lee Calderón, certify under the penalty of perjury that all of the foregoing information is true and correct to the best of my knowledge and belief. /s/ Ofelia Lee Calderón Signature April 21, 2017 Date 3 Att. 60

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