State of Hawaii v. Trump

Filing 336

MOTION for Leave to File Amici Curiae Brief Justin B. Cox appearing for Amicus Parties HIAS, International Refugee Assistance Project (Attachments: #1 Exhibit A - Proposed Brief, #2 Exhibit Declaration of Mark Hetfield, President and CEO of HIAS, Inc, #3 Exhibit Supplemental Declaration of Mark Hetfield, President and CEO of HIAS, Inc, #4 Exhibit Declaration of Rebecca Heller, Director of the International Refugee Assistance Project, #5 Exhibit Declaration of General John R. Allen, #6 Exhibit Declaration of (SEALED), #7 Exhibit Declaration of Allen R. Vaught, #8 Proposed Order, #9 Certificate of Service)(Cox, Justin) Modified by (afc) on 7/11/2017: Per direction of the Chambers of Judge Derrick K. Watson: - VIEWING RESTRICTED -

EXHIBIT E

Declaration of
Abdulsalam Mohammed Jameel Albasri (“Sam”)
1. My name is Abdulsalam Mohammed Jameel Albasri. I am also known as “Sam.”
2. I was born on July 21st, 1964 in Iraq. I am now 53 years old.
3. In 2003, I worked with the United States Army as an interpreter. I was assigned to the
1st Battalion of the 505th Parachute Infantry Regiment, 82nd Airborne Division US
Army via the Titan Corporation. See Attachment A (Chris Brusznicki Letter)
4. During my service, I helped the United States in its efforts to restore local government
and stability in Fallujah, and provide humanitarian aid to the people of Fallujah. See
Attachment B (Allen Vaught Letter)
5. I was also be a part of the United States’ efforts to rebuild the schools and restore
essential services in Fallujah. See Attachment C (Robert Woodruff Letter)
6. Aside from providing translation services to the U.S. troops in Fallujah, I helped warn
American troops of impending attacks. I also helped identified the location of several
IED’s located near the Fallujah Mayor's office.
7. During my time working with the United States army, I developed strong relationships
with the soldiers that I worked with and began to view them as my “brothers”. I am proud
to say that I had multiple opportunities to save the lives of my American brothers.
8. On one occasion, during an ambush, I spotted the location of an enemy combatant and
exposed myself to enemy fire to notify my fellow soldiers about the enemy’s location.
9. On another occasion, while on dismounted patrol, I left cover to run to my fellow U.S.
soldiers to identify the location of an enemy sniper. See Attachment A (Chris Brusznicki
Letter)
10. On October 31, 2003, Al Qaeda bombed one of my supervisor’s downtown office at the
Mayor’s compound in Fallujah. My supervisor, Ryan Huston, and other U.S. solders
went to secure the site from looting and rioting that ensued after the bombing. This set off
a siege of the U.S. soldiers’ position. I immediately rushed to the U.S. soldiers’ aid, and
spent the next 3 days fighting by their side. See Attachment D (Ryan Huston Letter)
11. As a result of my service and loyalty to the United States, I began to receive threats from
people in Fallujah. People consistently voiced their disappointment and disapproval with
my work for the U.S., and often told me that I should not be involved with the U.S. Army
or be so open about my support for the United States.
12. One night in March 2004, while I was walking home, a car drove by and shot
approximately 15 bullets at me. Luckily, I was able to play dead and I was only injured
from the shrapnel that lodged in my leg.
13. However, the next day a bomb was thrown at my house and a few days later another at
my mother’s house. Although neither was successful, it was at this moment that I realized
my family was in danger and we could not stay. I had to get myself and them out of
Fallujah.
14. In August 2014, I was forced to flee to Cairo, Egypt after multiple attacks on my life and
my family’s life.
15. I have been living in isolation in Cairo, Egypt for the past three years separated from my
family.
16. My family is hiding somewhere in Iraq. I have not seen them in many years because it
would not be safe for me to return to Iraq. I would also put them in danger if I return to
Iraq.

Page 1 of 3

Declaration of
Abdulsalam Mohammed Jameel Albasri (“Sam”)
Before working for the United States Army, I was a teacher in Fallujah and therefore, felt
very privileged to help the US restore the elementary school, high school, and even the
University.
17. Since leaving the army, I have stayed in contact with many of my former U.S. Army and
Military supervisors (including Allen Vaught, Chris Brusznicki, Robert Woodruff, Ryan
Huston, and others) through social media, email, and even phone.
18. One of my supervisors, Chris Brusznicki, has offered to employ me as soon as I arrive in
the U.S.
19. Another one of my supervisors, Allen Vaught, arranged media coverage of my story on
Fox 4 News (http://www.fox4news.com/news/222845518-story), and created an online
petition on WhiteHouse.gov explaining my history and relationship with the U.S. He has
also graciously offered to house me and has been raising money for me for when I come
to the United States.
Many of my former supervisors have posted about me on social media in an effort to
raise awareness and help educate people on the realities of life in Iraq and the necessity of
interpreters. I have been humbled and so appreciative of their support.
20. My life in Egypt is hard.
21. I have been living in isolation for three years without my family and friends.
22. I have no money and cannot work legally. My wife and some of my friends from the US
army have sent me money and I try to make it last as long as possible.
23. I am fearful for my life here in Egypt.
24. I have been forced to move out of places I’ve lived on multiple occasions because the
owners do not respect people like me. They know that I will not do anything because I
am scared of drawing attention to myself and will not be able to get any help from the
police or the government.
25. Sometimes I would not leave my apartment for weeks for fear that someone will
recognize me. I am also fearful of getting caught up in the riots in the streets of Egypt.
26. In September 2014, I applied to the “Direct Access Program for U.S.-Affiliated Iraqis”
(DAP) so that my family and I could reach safety in the United States.
27. To apply for DAP, I gave the International Organization for Migration (IOM), which runs
DAP for the U.S. government, all of the documentation I had, which included my badge
number with Titan, photographs with U.S. soldiers, and certificates from the U.S.
military. The IOM asked for the emails of my supervisors verifying my employment, and
I gave them emails for my military supervisor.
28. Because my DAP case was delayed, my military supervisor contacted the International
Refugee Assistance Project (IRAP) for help in March 2015. IRAP began helping me, and
since September 2015, I have been working closely with a team of pro bono volunteers to
help bring me to safety in the United States.
29. My pro bono team consists of my lawyer from the law firm Morgan, Lewis, & Bockius
LLP, law students at University of California, Irvine School of Law, and multiple lawyers
from the International Refugee Assistance Project (IRAP).
30. The lawyer, law students, and IRAP have helped prepare me for interviews, contacted six
my former soldiers and had them write declarations in support of my resettlement, set me
up with a lawyer to accompany me to my interview with IOM and DHS, and most
importantly explained to me what is going on in the United States during this confusing

Page 2 of 3

ATTACHMENT A

Dear USCIS interviewer:
My name is Chris Brusznicki, and I am currently the CEO of Vaystays. I served with Mr. Albasri
(whom we call “Sam”) in Fallujah, Iraq between August of 2003 and April of 2004, during
which I was a commissioned officer in the U.S. Army. I highly recommend that Sam and his
family be afforded refugee status and offered sanctuary in the United States as soon as possible.
His valor and commitment to the United States is beyond reproach and he has ample
opportunities for employment here in the United States. If necessary I am ready to employ Sam
for a period of 1 year in one of my businesses that I own. In addition his daughters are trained
veterinarians and would easily be able to find work in the United States.
Sam served as an interpreter assigned to the 1st Battalion of the 505th Parachute Infantry
Regiment, 82nd Airborne Division US Army via the Titan Corporation. Sam was instrumental
not only as an interpreter but also as an integrated member of our team. On several occasions,
Sam saved the lives of numerous American soldiers by warning us of impending attacks or
exposing himself to indicate the whereabouts of enemy troops attacking our position.
He helped protect me personally on numerous occasions when I first arrived in Fallujah:
- He identified the location of several IEDs located near the Fallujah Mayor's office.
- During an ambush he spotted the location of an enemy combatant firing RPGs at us and
exposed himself to enemy fire to point out that location.
- While on a dismounted patrol, Sam left cover to run to my position and point out the location of
an enemy sniper.
- While translating documents at the Fallujah's mayor office, we came under attack. Sam risked
physical harm by exiting the secured room we were in to deliver aid to another interpreter who
had suffered a heart attack. Sam traveled through a hail of bullets to reach his friend and
administer aid.
In addition to all of this, he actively provided translation services to our forces while on patrol
and at the Fallujah mayor's office.
Today, Sam is in extreme danger because of his past association with the U.S. Military. Sam may
not tell you this, but I will - we lost 75% of the interpreters with whom Sam served. Most of
these men were murdered by Al Qaeda in Iraq or later ISIS.
It is still too dangerous for Sam to return to Iraq. If there is any doubt as to his suitability I would
be happy to connect you with dozens of soldiers who could similarly endorse Sam.
Thank you for your consideration.
Chris Brusznicki
CEO, Vaystays
[e-mail]

ATTACHMENT B

DALLAS

|

AUSTIN

|

LOS ANGELES

800.222.2766
tel [phone]
fax [phone]

|

BATON ROUGE

3102 Oak Lawn Avenue
Suite 1100
Dallas, TX 75219-4281

October 27, 2016

Re:

Case No. EG-109707; Letter of Recommendation for Mr. Abdulsalam
Mohammed Jameel

To Whom It May Concern:
This letter of recommendation is made in support of Mr. Abdulsalam Mohammed Jameel,
or “Sam” as he was known amongst members of the U.S. Military like myself in Iraq. I have
known Sam since 2003, and write this letter based on my personal knowledge.
I was amongst the first troops to enter Fallujah, Iraq in April 2003. I was a captain in the
United States Army Reserve, and was in charge of civil affairs operations focused on restoring
local government and stability in Fallujah. Sam was one of the first Iraqis to come forward to
work as a translator for us there. Although the pay for translators was extremely low (as I recall,
about $5.00 per day), and the dangers for Iraqis working with U.S. forces extremely high, Sam
never missed a mission and never complained. At that time, translators did not live with us in our
forward operating bases, and did not have body armor or weapons. Instead, at the end of a
mission, they were left to go back to their homes without any personal defense. I had several
translators who were executed for working with us to rebuild Iraq. Despite than known dangers,
Sam never wavered in his loyalty to U.S. military forces, and faced the same dangers, and more,
that we faced.
After six months, I left Fallujah and was transferred to Sadr City, Baghdad, Iraq.
Eventually, I was injured by an IED in Sadr City. Sam got word of my injury from other soldiers,
and found his way from Fallujah to Sadr City to check on me. I left Iraq in March 2004, and was
medically separated from the Army Reserve in 2005. However, Sam and I have stayed in touch
over the years through social media. I know that he continued to work with U.S. military forces
for years after my redeployment.
Sam has desired to come to the United States for years. I strongly encourage that the
United States government grant him the necessary approval to come here. I previously helped
two other translators and their families get out of Iraq, and assisted them with getting on their
feet once they were here. Both translators are now proud United States citizens, and teach Arabic
to our military forces. I will do everything possible to provide Sam with the same support and
guidance once he gets here. Sam will, no doubt, be a similar success story.

1

With regards to my judgment, in addition to having served as an officer in the United
States Army, I also served as a member of the Texas House of Representatives for four years
where I was the vice-chairperson of the House Committee on Defense and Veterans’ Affairs,
vice-chairperson of the House Committee on Criminal Jurisprudence, and chairperson of the
Sub-committee on Border, Health, and School-Centered Emergencies. I am currently the
managing attorney for the employment law department of Baron & Budd, P.C. I also served as a
regional selection judge for the White House Fellows program.
It is my opinion that Sam has a strong and honest character that will benefit the United
States by allowing him lawful immigration status. He loves the United States just as much as me,
and I can say that without reservation based on seeing him in combat operations alongside my
troops and me in Iraq. I strongly support his application.
If I can answer any questions, please do not hesitate to contact me at
[e-mail] or [phone] (mobile). I reside in Dallas, Texas, which is in the
Central Standard Time Zone.
Sincerely,

Allen R. Vaught

2

ATTACHMENT C

ATTACHMENT D

Support letter for Abdul Salam Mohammed Jameel (Sam) Case number: EG-109707

To whom it may concern,

I would like to offer this letter of support for Abdul Salam Mohammed Jameel (Sam) in order to
complete the long journey he has under taken to come to the United States.
I first met Sam in 2003 when he was assigned to our unit (1/505 PIR, 82nd Airborne Division) as an
interpreter. Sam immediately proved himself to be a most valuable asset to our team.
I was the main point of contact for all civilians that wished to interact with our unit in Fallujah. The time
was extremely volatile and AQI desperately wanted to harm us in any way possible to include
threatening and killing those who worked for us, as well as their family. We experienced firefights with
the enemy daily. Through all of this, Sam never faltered in his support of our mission.
Sam stayed steadfast and true, despite the constant threats and dangers to his and his family’s life. He
was by my side every day. A particular incident I remember that is an example of his selfless service and
love of his American family was on the night of 31 October 2003. AQI was able to get a bomb into my
downtown office I held at the Mayor’s compound. We were lucky enough not to be there when it went
off, but went to secure the sight afterward from the looters and rioters. This set off a siege of our
position for the next three days. Sam and his fellow interpreter “Timmy” came to the compound
immediately and spent the next exhausting three days by our side (during Ramadan). Their selfless
service was invaluable and in my opinion saved lives, both American, and Iraqi.
It is my sincere hope that you agree to let him come to the United States as he and his family have more
than earned the right in their service to this country. If you need any further information from me
please reach out via email at [e-mail] or phone at 910-849-5033.
Sincerely

Ryan Huston
MAJ, CA
USAR