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]

EXHIBIT J

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 NIKOO NIKNEJAD
behalf of others similarly situated,
IN SUPPORT OF PLAINTIFFS
Plaintiffs-Petitioners,

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vs.
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 ofUSCIS;
OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE; Michael DEMPSEY. Acting
Director of National Intelligence,
Defendants-Respondents.

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DECLARATION OF
NlKOO NIKNEJAD
Case No. 2: 17-cv-00 135-JLR

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NORTHWEST IMMIGRANT RIGHTS PROJECT
615 Second Ave., Ste. 400
Seattle, W A 981 04
206-957-8611

I, Nikoo Niknejad, declare under penalty of perjury as follows:
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1.

I am a lawful permanent resident. I live in Atlanta, Georgia. I am a homemaker.

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I came to the United States when I was 61 years old from Iran. I became a resident on

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September 25, 2009 through my brother's petition. That was the beginning of my journey to
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come to the US and eventually bring my children to the US so we could start a new life.
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My son, Amirbahador is a citizen of Iran. He is 34 years old and is currently in Iran.

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I filed an I-130 petition for him on April21, 2010. The petition was approved and I had

to wait until his priority date became current. It was a long process to wait but it finally came in
2015. I hired US immigration attorney, Carl Balediata, and he helped me through the process.
We submitted all the documents and paid fees. We followed all the rules. My son received his

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US immigrant visa on December 19, 2016 in Abu Dhabi.

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5.

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start his new life with me. I am now currently in Iran with him. We booked a flight for January

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30, 2017 with British Airways out ofTehran, Iran to return to the United States. Upon check-in

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we were told that only I could board the flight but that my son could not because he did not have

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a green card. We immediately called Carl Balediata who spoke on our behalf with British

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Airways to tell them my son's US Immigrant Visa was the same as a green card. British Airways

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said no and told us to go home.

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supervisor. It was arranged for us to try to depart again out of Tehran, Iran on February 2, 2017.

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This time we were told that me and my son had to be given an okay by US Customs and Border

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Protection from New York, USA. We arrived at the airport at 6:30am and waited 1 hr. We were

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I was so happy that I also traveled to be with him so I could bring him home with me to

Carl Balediata was able to discuss our case in more detail with a British Airways regional

told that we both could not board the plane. The British Airways agent showed us an email from
US Customs and Border Protection that said I could not board the flight and that my son was not
"cleared" and that he had to go back to the US Embassy in Abu Dhabi. That is all they told us.

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DECLARATION OF
NIKOO NIKNEJAD
Case No.2: 17-cv-00 135-JLR

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

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I was again devastated. I feel helpless. Why is the country I love doing this to my son.

Carl Balediata is now working hard to try and bring my son home. I do not want to go home
without my son. I need him. I have already been separated from him for so long.

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I am old and I want my son to be with me. I want him to start a new life in the United

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States, the land of opportunity.
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It has been a life long dream for me for my son to come and be with me in the United

States. I also filed an I-130 petition for my daughter and we were in the process of starting her
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case too but now I have also lost hope with her case as well.
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I just want my family to reunite and be with me in the United States. I always wanted

what was best for my son and my daughter. Now I cannot see how we can get through this. I am
heartbroken and cannot understand why this country I love is doing this to me and my family.

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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.

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Executed on this 2"d day of February, 2017, in Tehran, Iran.

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NikooN~

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DECLARATION OF
NIKOO NIKNEJAD
Case No. 2:17-cv-00135-JLR

NORTIIWE~i

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IMMIGRANT Rl HTS PROJECt'

615 Second A c.. t.c. 400
cattle. W A 9 I04
206-957-861 I