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

Filing 91

Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by American Immigration Council, National Immigration Project of the National Lawyers Guild, Northwest Immigrant Rights Project, Human Rights First, KIND (Kids in Need of Defense), and Tahirih Justice Center. Date of service: 02/06/2017. [10304762] [17-35105]--[COURT UPDATE: Attached exhibits (originally submitted in entry [92]), resent notice. 02/07/2017 by LA] (Mincer, Jonathan) [Entered: 02/06/2017 11:59 PM]

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EXHIBIT I Honorable James L. Robart 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 II 12 13 14 15 Juweiya Abdiaziz ALI; A.F.A., a minor; Reema Case No.: 2: 17-cv-00 135-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 MOHAMED BARRE behalf of others similarly situated, OMAR IN SUPPORT OF PLAINTIFFS Plaintiffs-Petitioners, v. 16 17 18 19 20 21 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. 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. 24 25 26 27 28 DECLARATION OF MOHAMEDBARREOMAR Case No. 2: 17-cv-00 135-JLR NORTHWEST IMMIGRANT RIGHTS PROJECT -0 6 15 Second Ave., Ste. 400 Sean Ie. WA 98104 206-957-86 11 I, MOHAMED BARRE OMAR, declare under penalty of perjury as follows: 2 I. I am a United States citizen. I live in Tukwila, Washington. I own a small grocery store i 3 Seattle, Washington, and I am an instructional assistant for Seattle Public Schools. 4 2. 5 6 7 8 9 I was born in Somalia. I came to the United States as a refugee when I was 61 years old from Kenya. I became a U.S. Citizen on March 13,2012 in Seattle, Washington. 3. My biological son is Ahmed Mohamed Barre. He was born on October 5, 1992 in Mombasa, Kenya. He is a citizen of Somalia by birth, because my wife and I were refugees. He and his mother moved to Ethiopia shortly after he was born. His mother died in Kenya on April 10 20, 2012. He grew up in Addis Ababa, Ethiopia and has not left it since moving there. He has II never physically been in Somalia. 12 4. 13 her and then went to Ethiopia to visit him. After visiting him, I decided to apply to bring him to 14 the United States to live with me. He is my only child that does not live in the United States. 15 5. 16 preference classification for the case is 201 B INA Minor Child of USC. The petition was 17 approved and transferred to the National Visa Center in 2015. My son was interviewed for an 18 immigrant visa at the U.S. Embassy in Addis Ababa, Ethiopia on January 23, 2017 at 07:45AM. 19 His case was approved and his immigrant visa was issued on January 25, 2017. 20 6. 21 purchase a plane ticket to the U.S. The executive order was issued before he could buy a ticket. 22 23 24 I last saw Ahmed in 2012, before his mother died. She had been in Kenya, so I visited I filed my Form 1-130, Petition for Alien Relative, for him on October 25,2012. The Upon receipt of his immigrant visa, we had planned to have him pack up and then He has attempted to buy a ticket, but no airline will sell one to him because they do not want to take the risk that the U.S. will not allow him to immigrate despite the issuance of a valid immigrant visa. 25 7. My son has never lived in Somalia, has no experience with his country of citizenship, and 26 does not know how to navigate the risks of living there. It is unsafe and impossible for him to 27 live in Somalia. 28 DECLARATION OF MOHAMEDBARREOMAR Case No.2: 17-cv-00 135-JLR N ORTHW EST IMM IG RA NT RIGHTS PROJECT - I 6 15 Second Ave., Ste. 400 Seattle. WA 981 04 206-957-8611 8. My son cannot return to Kenya. The Kenyan government is actively refusing entry for 2 Somalian citizens and is refusing to take additional refugees. He no longer holds refugee status 3 in Kenya. 4 9. 5 6 7 8 9 I fear for my son's safety in Ethiopia due to the state of emergency related to protests and violence in Addis Ababa 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, 10 which allows him to be the immediate relative, minor child of a U.S. Citizen for visa preference II purposes under the Child Status Protection Act. I would be required to file a new petition for 12 him as the adult child of a U.S. Citizen, family-sponsored first preference category, which has a 13 current priority date of January l , 2011. It would most likely take over six years before he woul 14 be able to obtain a new immigrant visa to the United States, which would mean he would be ove 15 the age of 30 by the time he arrived. That delay would directly interfere with his ability to attend 16 a school in the United States and build a career. It would have a permanent, negative impact on 17 his earning abilities and his ability to marry and grow a family. It is not reasonable nor rational 18 to prevent my son, who is a Somalian citizen only as a result of his being born to refugee parents 19 in Kenya, from coming to the U.S. 20 11. 21 since the last time I visited Ethiopia. My son lives over 8,000 miles from me. His time zone is 22 23 24 25 It is too expensive for me to travel to Ethiopia regularly. It has been nearly five years 11 hours ahead of mine. When I go to bed, he is waking up; when he is going to bed, I am waking up. It is difficult for us to talk on the phone because of the time difference, but we try to make time for each other every week. I have to send him money to support in Ethiopia, because he does not have a job. It is an enormous financial and emotional hardship to my son, myself, 26 and my family for him to live in Ethiopia while everyone else lives in the United States. 27 28 DECLARATION OF MOHAMEDBARREOMAR Case No.2: 17-cv-00135-JLR N ORT HWEST IMMIGRANT RIGHTS PROJECT -2 615 Second Ave., Ste. 400 Sean1e, WA 98104 206-957-8611 12. I want to bring my whole family together by having all of us live in the United States. 2 My son is the only person left outside of the United States. I want him to be able to go to a good 3 4 5 6 7 8 university, to have a career, and to be able to live the American Dream. Moments before Janu 27, 2017, I believed that dream was a reality and that we would be reunited. Now, because of the executive order, I no longer know if that dream is possible. 13. Please reunite my family by allowing my son to come to the United States as quickly as possible. 9 10 II I declare under penalty of perjury under the laws of the United States that the foregoing i true and correct to the best of my information, knowledge, belief. 12 13 Executed on this 1st day ofFebruary, 2017, in Seattle, Washington. 14 15 h ed B mar 14839 Military Rd S, # 108 Tukwila, WA 98168 (206) 566-4338 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF MOHAM EDBARREOMAR Case No.2: 17-cv-00135-JLR N ORTHW EST IMMIGRANT RIGHTS PROJECT -3 615 Second Ave., Ste. 400 Seattle, WA 981 04 206-957-8611

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