State of Washington, et al v. Donald J. Trump, et al

Filing 140

Filed (ECF) Motion to intervene. Date of service: 02/11/2017. [10316343] [17-35105] (Adams, Matt) [Entered: 02/11/2017 03:26 PM]

EXHIBIT B

Case 2:17-cv-00135-JLR Document 10 Filed 02/06/17 Page 1 of 4

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Honorable James L. Robart

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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Juweiya Abdiaziz ALI; A.F.A., a minor; Reema Case No.: 2:17-cv-00135-JLR
Khaled DAHMAN; G.E., a minor; Ahmed
Mohammed Ahmed ALI; E.A., a minor; on
behalf of themselves as individuals and on
DECLARATION OF MATT ADAMS
behalf of others similarly situated,
IN SUPPORT OF PLAINTIFFS’ MOTION
FOR TEMPORARY RESTRAINING
Plaintiffs,
ORDER AND PRELIMINARY
INJUNCTION
v.
Donald TRUMP, President of the United States
of America; U.S. DEPARTMENT OF STATE;
Rex W. TILLERSON, Secretary of State; U.S.
DEPARTMENT OF HOMELAND
SECURITY; John F. KELLY, Secretary of
Homeland Security; U.S. CITIZENSHIP AND
IMMIGRATION SERVICES; Lori
SCIALABBA, Acting Director of USCIS;
OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE; Michael DEMPSEY, Acting
Director of National Intelligence,

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Defendants.
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ADAMS DECL. ISO PLS.’ MOT. FOR
TRO AND PRELIM. INJ.
Case No. 2:17-cv-00135-JLR

NORTHWEST IMMIGRANT RIGHTS PROJECT
615 Second Ave., Ste. 400
Seattle, WA 98104
206-957-8611

Case 2:17-cv-00135-JLR Document 10 Filed 02/06/17 Page 2 of 4

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I, Matt Adams, declare as follows:

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1)

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support of Plaintiffs’ Motion for a Preliminary Injunction.
2)

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I am counsel of record for Plaintiffs in this case. I submit this declaration in

I have personal knowledge of the facts set forth herein, and, if called as a witness,

I could and would testify completely as set forth below.
Notice to Defendants of Motion for Preliminary and Possible Emergency Relief
3)

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On February 4, 2017, Stacey I. Young of the Office of Immigration Litigation,

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Civil Division, of the U.S. Department of Justice, called me on my office number and left a

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message advising that she was assigned to this case to represent Defendants. She also reached

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out to me via email and asked that I call her. I called her that same day, February 4, 2017, and we

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discussed the current status of the named Plaintiffs in the complaint. I advised that we were

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planning on filing a motion for preliminary injunctive relief on Monday, February 6, 2017, and

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were evaluating whether any emergency motion for a Temporary Restraining Order (“TRO”)

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would also be required. I advised that in light of this Court’s order granting a TRO in

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Washington v. Trump, 2:17-cv-141-JLR (W.D. Wash.), we did not believe we would need to file

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a TRO.
4)

On February 5, 2017, I contacted Defendants’ counsel, Stacey I. Young via email.

I advised that due to the unusual development of the appeal of the TRO in Washington, and the
Ninth Circuit’s order setting a briefing schedule in that case, on Monday, February 6, 2017, we

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would file a motion for preliminary injunctive relief that would include a request for a temporary
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restraining order in the event that the TRO entered by this Court in Washington v. Trump, 2:1724

cv-141-JLR (W.D. Wash.), is reversed on a procedural basis or a reason other than a
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determination with respect to the merits of the challenge.
5)

Later that day, on February 5, 2017, I spoke with Ms. Young over the phone, and

reiterated Plaintiffs’ plans to file a motion for a preliminary injunction and a request for a TRO
ADAMS DECL. ISO PLS.’ MOT. FOR
TRO AND PRELIM. INJ.
Case No. 2:17-cv-00135-JLR

NORTHWEST IMMIGRANT RIGHTS PROJECT
-1

615 Second Ave., Ste. 400
Seattle, WA 98104
206-957-8611

Case 2:17-cv-00135-JLR Document 10 Filed 02/06/17 Page 3 of 4

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in the event that the TRO entered by this Court in Washington v. Trump, 2:17-cv-141-JLR (W.D.

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Wash.), is reversed on a procedural basis or a reason other than a determination with respect to
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the merits of the challenge.
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Evidence in Support of Plaintiffs’ Motion
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6)

Attached as Exhibit A is a true and correct copy of a page that previously

appeared on the Department of State’s website at
https://travel.state.gov/content/visas/en/immigrate/Immigrate-Announcement.html. Plaintiffs’
counsel accessed that document on February 1, 2017. Currently, the page as it appeared on

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February 1, 2017 is archived on the website of the American Immigration Lawyers Association,

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AILA Doc. No. 17020134, at http://www.aila.org/infonet/nvc-provides-guidance-cancellation-iv-

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interviews.

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I declare under penalty of perjury of the laws of the state of Washington and the United
States that the foregoing is true and correct to the best of my knowledge and belief.
Executed in Seattle, WA on the 6th day of February, 2017.

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By:

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s/Matt Adams
Matt Adams

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ADAMS DECL. ISO PLS.’ MOT. FOR
TRO AND PRELIM. INJ.
Case No. 2:17-cv-00135-JLR

NORTHWEST IMMIGRANT RIGHTS PROJECT
-2

615 Second Ave., Ste. 400
Seattle, WA 98104
206-957-8611

Case 2:17-cv-00135-JLR Document 10 Filed 02/06/17 Page 4 of 4

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CERTIFICATE OF SERVICE
I, Matt Adams, hereby certify that on February 6, 2017, I arranged for electronic filing of
the foregoing declaration with the Clerk of the Court using the CM/ECF system. I also emailed
Defendants’ counsel, Stacey I. Young, this filing at [e-mail]. Lastly, I
arranged for mailing of these documents by U.S. first class mail, postage prepaid, to each of the

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following:
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Donald TRUMP, President of the United
States of America
United States Attorney’s Office
700 Stewart Street, Suite 5220
Seattle, WA 98101-1271

U.S. CITIZENSHIP AND IMMIGRATION
SERVICES
Office of the General Counsel
United States Department of Homeland
Security
Washington, DC 20528

U.S. DEPARTMENT OF STATE
The Executive Office
Office of the Legal Adviser, Suite 5.600
600 19th Street NW
Washington, DC 20522

Lori SCIALABBA, Acting Director of
USCIS
Office of the General Counsel
United States Department of Homeland
Security
Washington, DC 20528

Tom SHANNON, Acting Secretary of State
The Executive Office
Office of the Legal Adviser, Suite 5.600
600 19th Street NW
Washington, DC 20522

OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE
Office of General Counsel
Washington, DC 20511

U.S. DEPARTMENT OF HOMELAND
SECURITY
Office of the General Counsel
Washington, DC 20528

Michael DEMPSEY, Acting Director of
National Intelligence
Office of the Director of National
Intelligence
Office of General Counsel
Washington, DC 20511

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John F. KELLY, Secretary of Homeland Security
Office of the General Counsel
United States Department of Homeland Security
Washington, DC 20528

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Executed in Seattle, Washington, on February 6, 2017.
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s/ Matt Adams
Matt Adams, WSBA No. 28287
ADAMS DECL. ISO PLS.’ MOT. FOR
TRO AND PRELIM. INJ.
Case No. 2:17-cv-00135-JLR

NORTHWEST IMMIGRANT RIGHTS PROJECT
-3

615 Second Ave., Ste. 400
Seattle, WA 98104
206-957-8611

Case 2:17-cv-00135-JLR Document 10-1 Filed 02/06/17 Page 1 of 4

EXHIBIT A

2/1/2017
travel.state.gov

Important Announcement
Case 2:17-cv-00135-JLR Document 10-1 Filed 02/06/17 Page 2 of 4
U.S. Passports &
International Travel

Students Abroad

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Child Abduction

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Important Announcement
Pursuant to the Executive Order on Protecting the Nation from Terrorist Attacks by Foreign Nationals signed on January 27, 2017,
the Department of State has temporarily stopped scheduling appointments and halted processing of immigrant visa applications
for individuals who are nationals or dual nationals of Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen. 
The National Visa Center has cancelled all scheduled immigrant visa interviews for these applicants scheduled in February 2017.
This includes all visa categories, whether they are family­ or employment­based. Applicants for fiancé visas (“K” visas) are
included. We apologize for any inconvenience this causes. Once it is appropriate, the National Visa Center or a U.S. Embassy or
Consulate abroad will notify you of a new interview date and time.
If you received an interview appointment in February and have not yet attended the required medical exam, please cancel your
medical examination appointment. Medical exam results are only valid for six (6) months and we cannot predict when your visa
interview will be rescheduled. When the National Visa Center or U.S. Embassy is able to reschedule your interview, they will
contact you.
The National Visa Center will continue to work on in­process cases for these applicants up to the point of the interview. You should
continue to pay fees, complete your Form DS­260 immigrant visa application, and submit your financial and civil supporting
documents to NVC. NVC will review your case file and can qualify your case for an appointment. However, you will not receive a
visa interview until further notice.

Please review the below Frequently Asked Questions for more information.

Collapse All

What if I have a visa interview scheduled in February?
Your interview has been cancelled. You do not need to take any action at this time. The National Visa Center will contact you
with a new appointment date at the appropriate time. However, we cannot predict when that will be. Please do not call NVC
to ask about an appointment; they have no information on the possible timing of future interviews.

I have an emergency. Can I request an expedited appointment?
No. The Department of State may not conduct immigrant visa interviews for any persons who are nationals of Syria, Iraq,
Iran, Libya, Somalia, Sudan, and Yemen at this time.

Will my case move to the back of the line for a rescheduled appointment?
No. The National Visa Center schedules appointments in the order by which they became documentarily qualified. When NVC
is able to reschedule your visa interview, you will receive an appointment before cases that completed their paperwork and
processing after yours.

I have a visa interview in February and I already paid for my medical exam. Can I get a refund?
That is up to the physician and/or clinic that conducted your examination. Medical exam results are valid for U.S.
immigration purposes for six (6) months. If your interview is rescheduled and you enter the United States as an immigrant
before your medical exam results expire, you will not need another medical exam. 

What visa categories does this affect?
Ex. A to Adams Declaration
AILA Doc. No. 17020134.
Case No. 2:17-cv-00135-JLR 1
https://travel.state.gov/content/visas/en/immigrate/Immigrate­Announcement.html

NORTHWEST IMMIGRANT RIGHTS PROJECT
615 Second Ave., Ste. 400
Seattle, WA 98104 1/3
206-957-8611

(Posted 2/1/17)

2/1/2017

Important Announcement
Case 2:17-cv-00135-JLR Document 10-1 Filed 02/06/17 Page 3 of 4

This affects all immigrant visa categories, including immediate relatives; family­based and employment­based preference
categories; follow­to­join family members of refugees and asylees (Form I­730); fiancé visas (Form 1­129F); and
international adoptees (Form I­600A).

I am currently working on my case with NVC. Can I continue?
Yes. You should continue to pay fees, complete your Form DS­260 immigrant visa application, and submit your financial and
civil supporting documents to NVC. NVC will continue reviewing your case file and can qualify your case for an appointment.
However, you will not receive a visa interview until further notice.

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Ex. A to Adams Declaration
NORTHWEST IMMIGRANT RIGHTS PROJECT
AILA Doc. No. 17020134. (Posted 2/1/17)
Case No. 2:17-cv-00135-JLR 2
Privacy
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USA.gov
GobiernoUSA.gov 615 Second Ave., Ste. 400
https://travel.state.gov/content/visas/en/immigrate/Immigrate­Announcement.html
Seattle, WA 98104 2/3
206-957-8611

2/1/2017

Important Announcement
Case 2:17-cv-00135-JLR Document 10-1 Filed 02/06/17 Page 4 of 4
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Office of the Inspector General

USA.gov

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This site is managed by the Bureau of Consular Affairs, U.S. Department of State.

Ex. A to Adams Declaration
AILA Doc. No. 17020134.
Case No. 2:17-cv-00135-JLR 3
https://travel.state.gov/content/visas/en/immigrate/Immigrate­Announcement.html

NORTHWEST IMMIGRANT RIGHTS PROJECT
615 Second Ave., Ste. 400
Seattle, WA 98104 3/3
206-957-8611

(Posted 2/1/17)

Case 2:17-cv-00135-JLR Document 11 Filed 02/06/17 Page 1 of 4

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Case 2:17-cv-00135-JLR Document 13 Filed 02/06/17 Page 1 of 6

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Honorable James L. Robart

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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Juweiya Abdiaziz ALI; A.F.A., a minor; Reema Case No.: 2:17-cv-00135-JLR
Khaled DAHMAN; G.E., a minor; Ahmed
Mohammed Ahmed ALI; E.A., a minor; on
behalf of themselves as individuals and on
DECLARATION OF AHMED MOHAMMED
behalf of others similarly situated,
AHMED ALI
IN SUPPORT OF PLAINTIFFS
Plaintiffs-Petitioners,
v.
Donald TRUMP, President of the United States
of America; U.S. DEPARTMENT OF STATE;
Tom SHANNON, Acting Secretary of State;
U.S. DEPARTMENT OF HOMELAND
SECURITY; John F. KELLY, Secretary of
Homeland Security; U.S. CITIZENSHIP AND
IMMIGRATION SERVICES; Lori
SCIALABBA, Acting Director of USCIS;
OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE; Michael DEMPSEY, Acting
Director of National Intelligence,

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Defendants-Respondents.
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DECLARATION OF
AHMED MOHAMMAD AHMED ALI
Case No. 2:17-cv-00135-JLR

NORTHWEST IMMIGRANT RIGHTS PROJECT
-0

615 Second Ave., Ste. 400
Seattle, WA 98104
206-957-8611

Case 2:17-cv-00135-JLR Document 13 Filed 02/06/17 Page 2 of 6

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I, Ahmed Mohammad Ahmed ALI, declare under penalty of perjury as follows:

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1.

I was born on May 1, 1978 in Alshear, Ibb, Yemen. I currently reside at 724 Gamay

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Court, Los Banos, CA, 93635. I make this declaration in support of a temporary restraining order
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to help effectuate my daughter, E.A.’s entry to the United States.
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2.

I am married to a U.S. citizen and have 2 U.S. citizen children and one child with a valid

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immigrant visa, but who has been denied the ability to board a plane due to the January 27, 2017
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executive order, merely because she is a citizen of Yemen.
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3.

My wife and I have been trying for so many years to have our whole immediate family

united safely in the United States. My wife Intikhab Mohamed Saleh (“Intikhab”) and I own a
home in Los Banos, California where we live with our two U.S. citizen children, and where we
have been hoping that our daughter E.A. would also be residing. We have a monthly mortgage
payment of approximately $950. My wife has been helping to raise our daughters. We are a very
close family. Our family is Muslim.
4.

I am the sole breadwinner for my family of five. I am the manager at the Buy N Save

Market in Los Banos that is in a local shopping market and part-owner of Los Amigos. I have

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worked at Buy N Save since 2004. I work long hours so that I can provide for my family. I make

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approximately $35,000 a year. I pay my U.S. taxes.

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5.

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within one year of our marriage – on February 24, 2002. Both my wife Intikhab and my daughter

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S.A.M.A. are U.S. citizens.

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6.

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2004, and became a lawful permanent resident that date, based on a visa petition my U.S. citizen

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wife had filed on my behalf. I became a naturalized U.S. citizen on July 19, 2010.

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7.

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received news that Intikhab’s mother had fallen ill and required caretaking assistance. As a

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result, Intikhab decided she would temporarily return to Yemen (with S.A.M.A.) to care for her

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mother. However, the length of Intikhab’s trip increased because my mother-in-law’s health

I married my wife, Intikhab on May 3, 2001. My eldest daughter, S.A.M.A. was born

I first entered the United States with my wife and daughter S.A.M.A. on January 27,

Approximately 6 months after my family and I entered the United States in 2004, we

DECLARATION OF
AHMED MOHAMMAD AHMED ALI
Case No. 2:17-cv-00135-JLR

NORTHWEST IMMIGRANT RIGHTS PROJECT
-1

615 Second Ave., Ste. 400
Seattle, WA 98104
206-957-8611

Case 2:17-cv-00135-JLR Document 13 Filed 02/06/17 Page 3 of 6

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improved slowly. By the time Intikhab left for Yemen, she was already pregnant with my second
daughter, E.A.A. E.A.A. was born while my wife was still in Yemen, on December 3, 2004

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8.

I remained in the United States where I was working to financially support the family.

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When my wife left for Yemen, we planned for her to return to the United States as soon as her
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mother’s health improved. At no point did we intend for my wife to live in Yemen permanently.
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With my second child on the way, I knew it was best that I remain in the United States, although
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I knew the separation would be difficult.
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9.

When I learned that my mother-in-law’s health had improved to the point that she no

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longer required my wife’s caretaking assistance, I immediately began making arrangements for
my family to join me in the United States. By 2010, I had saved enough money to cover the
travel expenses for my entire family (Intikhab, S.A.M.A., and E.A.A.).
10.

Around 2010, when my wife and daughters was considering joining me in the United

States, we thought our daughter E.A.A. was a U.S. citizen since both me and my wife were
citizens. However, we didn’t know the technicality of the law, and only later learned that in fact
she was not a U.S. citizen because my wife had not physically resided in the United States for 5
years before E.A.A.’s birth. Thus, we learned we needed to have her go through the immigrant

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visa consular process.

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11.

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my daughter E.A.A. with United States Citizenship and Immigration Services (“USCIS”) along

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with the requisite $420 filing fee. USCIS approved the immediate relative I-130 petition for

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E.A.A. on June 10, 2013.

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12.

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Immigrant Visa Electronic Application. On August 12, 2014, counsel for E.A.A. emailed the

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National Visa Center all of the civil documents.

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13.

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in Yemen so that they travel to the United States together. However, while the immigrant visa

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application was pending, the situation in Yemen deteriorated and became increasingly

Thus, on April 25, 2011, I filed a family-based immigrant visa petition (Form I-130) for

On August 11, 2014, E.A.A., with the assistance of counsel, filed the Form DS-260,

Meanwhile, my wife had continued to stay with our older daughter S.A.M.A. and E.A.A.

DECLARATION OF
AHMED MOHAMMAD AHMED ALI
Case No. 2:17-cv-00135-JLR

NORTHWEST IMMIGRANT RIGHTS PROJECT
-2

615 Second Ave., Ste. 400
Seattle, WA 98104
206-957-8611

Case 2:17-cv-00135-JLR Document 13 Filed 02/06/17 Page 4 of 6

1
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dangerous. Frustrated that the immigrant visa process was taking so long, and worried about the
security situation in Yemen, my wife and I made the difficult decision sometime in 2013 that she

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and S.A.M.A. would come to the United States, and E.A.A. would remain in Sana’a with my
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parents, her grandparents. We were hopeful the immigrant visa would be approved soon.
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14.

My wife and I have had another daughter, S., who was born on February 4, 2015 in the

United States and is a U.S. citizen.

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15.

Meanwhile, the consular services in Yemen shut down so we learned the immigrant visa

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interview would be scheduled at a different consulate. Finally, on December 15, 2016, the

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National Visa Center sent an email that an immigrant visa interview was scheduled for January

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22, 2017.

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16.

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uncle helped her to travel by bus for over fifteen hours through a very dangerous part of Yemen,

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I then made arrangements for my daughter to be able to appear at this interview. E.A.A.’s

and then took a flight from Aden, Yemen to Jordan. I meanwhile flew from the United States to
Jordan to meet my daughter. We then obtained a visitor visa for my daughter to travel from
Jordan to Djibouti. My Djibouti visa and my daughter’s Djibouti visa were issued on January 15,
2017 and are valid for one entry for 14 days. We then flew from Jordan to Djibouti on January
17, 2017.

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17.

We arrived in Djibouti with enough time that my daughter could get her medical

examination that was required for the immigrant visa interview.

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18.

On January 22, 2017, I accompanied my daughter E.A.A. to the immigrant visa interview

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at the U.S. Embassy in Djibouti, and we were notified that the immigrant visa was approved. We

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were required to give the Embassy E.A.A.’s passport so that the visa could be issued. We were

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instructed to check a website to see when visa would be ready to pick up.

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19.

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pick up the visa at the next available time that was permissible, which was on Thursday, January

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26, 2017. The visa is valid until July 21, 2017.

We checked the website and learned the visa was issued on January 25, 2017, and went to

DECLARATION OF
AHMED MOHAMMAD AHMED ALI
Case No. 2:17-cv-00135-JLR

NORTHWEST IMMIGRANT RIGHTS PROJECT
-3

615 Second Ave., Ste. 400
Seattle, WA 98104
206-957-8611

Case 2:17-cv-00135-JLR Document 13 Filed 02/06/17 Page 5 of 6

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2

20.

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a flight that departed on Friday, January 27, 2017, but flight flew through Canada, and the airline

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called and said we would have to cancel the flight because my daughter didn’t have a visa to

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Canada. We therefore quickly booked the next flight we could, which left on Saturday, January

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28, 2017.

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10

21.

We quickly attempted to make flight arrangements to the United States. We first arranged

Our Ethiopian Airlines flight was scheduled to depart Djibouti on Saturday, January 28,

2017 at 7:00 pm local time (which was 6am pacific time). The flight had multiple layovers, but
final destination was San Francisco International Airport. However, after we had gone through
security and were getting ready to board our flight, we were told by airline officials that my

11

daughter was not permitted board the flight due to the U.S President’s Executive Order that was
12

issued on January 27, 2017. I immediately called my attorney to inform her of the situation.
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14

22.

On January 28, 2017, my attorney sent a letter to the U.S. Embassy in Djibouti requesting

15

that my daughter E.A.A. be issued a travel letter because she should qualify for a case-by-case

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exemption to the executive order because it would in the national interest to permit her to come

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to the United States with our family. She spoke to a consular officer in Djibouti on January 30,

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2017, but was informed that the embassy did not have guidance yet on how the waivers to the

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executive action would be reviewed or issued.

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23

23.

We have thus been extending our stay at a hotel in Djibouti, which is quite expensive. We

had been paying approximately $115 a night, although recently moved to a smaller and more
affordable room for $80 a night.

24

24.

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come to the United States. But now, I do not know when I will be able to return to the United

26

States and do not know when I will be able to earn money for my family.

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25.

I was able to take a leave of absence from my work to travel to help my daughter E.A.A.

The uncertainty of our situation is very stressful. We have no idea when we will be able

28
DECLARATION OF
AHMED MOHAMMAD AHMED ALI
Case No. 2:17-cv-00135-JLR

NORTHWEST IMMIGRANT RIGHTS PROJECT
-4

615 Second Ave., Ste. 400
Seattle, WA 98104
206-957-8611

Case 2:17-cv-00135-JLR Document 13 Filed 02/06/17 Page 6 of 6

Case 2:17-cv-00135-JLR Document 14 Filed 02/06/17 Page 1 of 5

Case 2:17-cv-00135-JLR Document 14 Filed 02/06/17 Page 2 of 5

Case 2:17-cv-00135-JLR Document 14 Filed 02/06/17 Page 3 of 5

Case 2:17-cv-00135-JLR Document 14 Filed 02/06/17 Page 4 of 5

Case 2:17-cv-00135-JLR Document 14 Filed 02/06/17 Page 5 of 5

Case 2:17-cv-00135-JLR Document 15 Filed 02/06/17 Page 1 of 3

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Honorable James L. Robart

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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10
11
12
13

Juweiya Abdiaziz ALI; A.F.A., a minor; Reema Case No.: 2:17-cv-00135-JLR
Khaled DAHMAN; G.E., a minor; Ahmed
Mohammed Ahmed ALI; E.A., a minor; on
behalf of themselves as individuals and on
DECLARATION OF CAROL E. EDWARDS
behalf of others similarly situated,
IN SUPPORT OF PLAINTIFFS
Plaintiffs-Petitioners,

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15
16
17
18
19
20
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22

v.
Donald TRUMP, President of the United States
of America; U.S. DEPARTMENT OF STATE;
Tom SHANNON, Acting Secretary of State;
U.S. DEPARTMENT OF HOMELAND
SECURITY; John F. KELLY, Secretary of
Homeland Security; U.S. CITIZENSHIP AND
IMMIGRATION SERVICES; Lori
SCIALABBA, Acting Director of USCIS;
OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE; Michael DEMPSEY, Acting
Director of National Intelligence,

23

Defendants-Respondents.
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25
26
27
28

DECLARATION OF CAROL E. EDWARD
Case No. 2:17-cv-00135-JLR

NORTHWEST IMMIGRANT RIGHTS PROJECT
615 Second Avenue, Suite 400
Seattle, WA 98104
206-957-8611

Case 2:17-cv-00135-JLR Document 15 Filed 02/06/17 Page 2 of 3

DECLARATION OF CAROL E. EDWARD
Case No. 2:17-cv-00135-JLR

NORTHWEST IMMIGRANT RIGHTS PROJECT
615 Second Avenue, Suite 400
Seattle, WA 98104
206-957-8611

Case 2:17-cv-00135-JLR Document 15 Filed 02/06/17 Page 3 of 3

DECLARATION OF CAROL E. EDWARD
Case No. 2:17-cv-00135-JLR

NORTHWEST IMMIGRANT RIGHTS PROJECT
615 Second Avenue, Suite 400
Seattle, WA 98104
206-957-8611

Case 2:17-cv-00135-JLR Document 16 Filed 02/06/17 Page 1 of 5

Case 2:17-cv-00135-JLR Document 16 Filed 02/06/17 Page 2 of 5

Case 2:17-cv-00135-JLR Document 16 Filed 02/06/17 Page 3 of 5

Case 2:17-cv-00135-JLR Document 16 Filed 02/06/17 Page 4 of 5

Case 2:17-cv-00135-JLR Document 16 Filed 02/06/17 Page 5 of 5

Case 2:17-cv-00135-JLR Document 17 Filed 02/06/17 Page 1 of 4

Case 2:17-cv-00135-JLR Document 17 Filed 02/06/17 Page 2 of 4

Case 2:17-cv-00135-JLR Document 17 Filed 02/06/17 Page 3 of 4

Case 2:17-cv-00135-JLR Document 17 Filed 02/06/17 Page 4 of 4

Case 2:17-cv-00135-JLR Document 18 Filed 02/06/17 Page 1 of 3

Case 2:17-cv-00135-JLR Document 18 Filed 02/06/17 Page 2 of 3

Case 2:17-cv-00135-JLR Document 18 Filed 02/06/17 Page 3 of 3

Case 2:17-cv-00135-JLR Document 19 Filed 02/06/17 Page 1 of 4

Honorable James L. Robart

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

t4

I 35-JLR
Juweiya Abdiaziz ALI; A.F.A., a minor; Reema Case No.: 2: 1 7-cv-00
Khaled DAHMAN; G.8., a minor; Ahmed
Mohammed Ahmed ALI; E.A., a minor; on
behalf of themselves as individuals and on
DECLARATION OF MOHAMED BARRE
similarly situated'
behalf of others
OMAR
IN SUPPORT OF PLAINTIFFS
Plaintiffs-Petitioners,

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20

2l
22

Donald TRUMP, President of the United States
of America; U.S. DEPARTMENT OF STATE;
Tom SHANNON, Acting Secretary of State;
U.S. DEPARTMENT OF HOMELAND
SECURITY; John F. I(ELLY, Secretary of
Homeland Security; U.S. CITIZENSHIP AND
IMMIGRATION SERVICES; LOTi
SCIALABBA, Acting Director of USCIS;
OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE; Michael DEMPSEY, Acting
Director of National Intelligence,

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Defendants-

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2',1

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DECLARATION OF
MOHAMED BARRE OMAR
Case

No.

2: t

7-cv-00135-JLR

NoRTHwEsr IMMIGRANT RIGHTS PRoJEcr

-0

615 S€cond Ave , Ste 400
Seattle, WA 98104

206-957-861I

Case 2:17-cv-00135-JLR Document 19 Filed 02/06/17 Page 2 of 4

I

I, MOHAMED BARRE OMAR, declare under penalty of perjury as follows:
I

l.

I am a United

States citizen.

I live in Tukwila, Washington. I own a small eroceV stor.

Seattle, Washington, and I am an instructional assistant for Seattle Public

:l

2.

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3.

I was born in Somalia. I came to the United States as a refugee when I was 61 Vears

a citizen

of Somalia by birth, because my wife and I were refueees. He

20,2012. He grew up in Addis Ababa, Ethiopia and has not left it since moving there. He
never physically been in

I last saw Ahmed in 2012, before his mother died. She had been in Kenya, so I

her and then went to Ethiopia to visit

l4

the United
the United States to live with me. He is my only child that does not live in

visited

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I

him. After visiting him, I decided to apply to brine him to
I

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lU

was approved and his immigranl visa was issued on January 25'

1",..ur.

2l

States'

2017'

pack up and
Upon receipt of his immigrant visa' we had planned to have him

nur.t,ur.

I

a plane

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I
I

I

I
I

then
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ticket to the U.S. The executive order was issued before he could buV a ticket'

but no airline will sell one to him because theY do not want to
lH" hu, utt.*pt.d to buy a tickel.
lr*. rr,. risk that the U.S. will not apow hirn to immigrate despite the issuance of a varid

rl

limmigrant

I

lll

tiu. in

I

I

I

for him ro
an". no, know how to navigate the risks of living lhere. lt is unsafe and impossible

2'7

ll

visa.

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ofcitizenship' andl
Mv son has never lived in Somalia. has no experience with his country

lt.

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28

I

at 07:a5 nM.
,,'._,*run, visa ar the U.S. Embassy in Addis Ababa. Ethiopia on January 23,2017

l9

25

has

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The
5.
petition was
preference classification for the case is 201 B INA Minor child of USC. The
in 2015. My son was interviewed for an
lupp.ou.a and transferred to the National Visa Center
|

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I filed my Form I-130, Petition for Alien Relative, for him on october 25, 2012.

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22

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Somalia

4.

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and his mother moved to Ethiopia shortly after he was bom. His mother died in Kenva on ARril

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old

Washington.
My biological son is Ahmed Mohamed Barre. He was bom on October 5, 1992 in

Mombasa, Kenya. He is

r0

ll

Schools.

from Kenya. I became a U.S. Citizen on March 13,2012 in Seattle,

6
7

ir,l

so,nutiu

llogcaennrtoNoo
llvor-rnueo BARRE oMAR
2:17-cv-001r5-rlR --l|
llcaseNo.2:17-cv-00135-JlR

ll.*.*"

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NoRrHwEsr lMMlcn'qut RlcHTs

protpcr

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6|5SecondAve Ste 400 |
seanle' wA 98104 |

uoo-ssr-rorr
I

Case 2:17-cv-00135-JLR Document 19 Filed 02/06/17 Page 3 of 4

My son cannot retum to Kenya. The Kenyan government is actively refusing entry for

8.

;l Somalian citizens

;l in
5l

and is refusing to take additional refugees. He no longer holds refugee status

Kenya.

I fear for my son's safety in Ethiopia due to the state of emergency related to protests

9.

.l violence in Addis Ababa
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and throughout Oromia.

My

son has

little opportunity in Ethiopia,

because he is not a citizen there, and is present only at the permission of the government.

10.

I fear that my son's immigrant visa will expire before he the travel ban in the executive

order is lifted for citizens of Somalia. I would then lose his priority date of October 23,2012'

which allows him to be the immediate relative, minor child of a U.S. Citizen for visa preference
purposes under the Child Status Protection

Act. I would

be required to file a new petition

for

t2

him as the adult child of a U.s. citizen, family-sponsored first preference category, which has a

l3

he
cunent priority date of January 1, 201 1 . It would most likely take over six years before

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mean he would be o
be able to obtain a new immigrant visa to the united States, which would

l5

with his ability to
the age of 30 by the time he arrived. That delay would directly intelfere

l6

a school in the United States and build a career.

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is not reasonable nor rational
his eaming abilities and his ability to marry and grow a family. It

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topreventmyson,whoisaSomaliancitizenonlyasaresultofhisbeingbomtorefugeeparents

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in Kenya, from coming to the U'S.

20

11

.

since the last time I visited Ethiopia.

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11 hours ahead of

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25

26

a permanent, negative impact on

It is too expensive for me to travel to Ethiopia regularly' It

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It would have

has been nearly five years

My son lives over 8,000 miles from me. His time zone is

mine. When I go to bed, he is waking up; when he is going to bed' I am

wakingup.ItiSdifficultforustotalkonthephonebecauseofthetimedifference,butwetryto
money to suppoft in Ethiopia, because
make time for each other every week. I have to send him
he does not have

ajob. It is an enorrnous financial

and emotional hardship to my son, myself,

andmyfamilyforhimtoliveinEthiopiawhileeveryoneelselivesintheUnitedStates.

2'7

28

DECLARATTON OF
MOHAMED BARRE OMAR
Case No. 2: l7-cv-00135-JLR

-2

NORTHWEST IMMICRANT RIGHTS PROJECT
615 Second Ave.. Ste 400
Seattle. WA 98104
206-951 -861 |

Case 2:17-cv-00135-JLR Document 19 Filed 02/06/17 Page 4 of 4

12.

I want to bring my whole family togetler by having all of us live in the United States.

My son is the only person left outside of the United States. I want him to be able to go to

a good

university, to have a career, and to be able to live the American Dream' Moments before
27 , 2017 ,

I believed that dream was a reality and that we would be reunited. Now, because

of

5

the executive order, I no longer know
6
7

13.

Please reunite my

ifthat dream is possible.

family by allowing my son to come to the United States

as

quickly as

possible.
8

9

l0

ll

I declare under penalty of perjury under the laws of the United States that the foregoing
true and correct to the best ofmy inforrnation, knowledge' belief.

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Executed on this lst day of February ,2017, in Seattle, Washington'

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l5

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Military Rd S, #108
Tukwila, WA 98168
14S39

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(206) s66-4338

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DECLARATION OF
MOHAMED BARRE OMAR
Case No. 2: l7-cv-00135-JLR

-3

NoRTHWEST IMMIGMNT RIGHTS PROJECT
615 Second Ave., Stc. 400
S€attle, WA 98104
206-957-861I

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