Asgari v. Trump et al

Filing 1

COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-6479440 (Fee Status: Filing Fee paid), filed by Samira Asgari. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit 1. Asgari Declaration, # 4 Exhibit 2. Jan. 29, 2017 Order, # 5 Exhibit 3. Kaufman Declaration)(Willett, Peter) (Attachment 1 replaced on 2/2/2017) (McDonagh, Christina). (Attachment 2 replaced on 2/2/2017) (McDonagh, Christina). (Additional attachment(s) added on 2/2/2017: # 6 Exhibit A) Restricted due to personal identifiers. (Pacho, Arnold). (Attachment 5 replaced on 2/2/2017) (Pacho, Arnold). Modified on 2/2/2017 (Pacho, Arnold). (Additional attachment(s) added on 2/2/2017: # 8 Exhibit A RE: Exhibit 1. Asgari Declaration) (adminn, ). (Attachment 3 replaced on 2/2/2017) (adminn, ).

Case 1:17-cv-10182-ADB Document 1-3 Filed 02/01/17 Page 1 of 10

DECLARATION OF DR. SAMIRA ASGARI
I, Dr. Samira Asgari, state and affirm the following:
1. I am an Iranian-born scientist and medical researcher. I hold a doctorate degree from the
École Polytechnique Fédérale de Lausanne (EPFL) in Switzerland. I am an expert in
genomics, infectious diseases, and computational biology. My research focuses on stateof-the-art sequencing technologies that allow me to find the variants that confer
susceptibility to infections. During my stay at EPFL I have been working mostly on
pediatric infections. I am particularly interested in understanding the role of human
genomic variations on susceptibility to infections and the progression of infectious
disorders. In addition to other grants and awards, I was proud to receive the Swiss
National Science Foundation Early Postdoc Mobility Grant in October of 2016 and to be
a finalist for the ASHG/Charles J. Epstein Trainee Award for Excellence in Human
Genetics Research in October of 2015.
2. Dr. Soumya Raychaudhuri, a scientist and physician at Brigham and Women’s Hospital,
runs one of the world’s most respected human genomics laboratories. Dr. Raychaudhuri
is widely renowned for, among other works, his attempts to elucidate the role of human
genetic variation in tuberculosis progression.
3. I was honored, therefore, when Dr. Raychaudhuri recruited me to join his laboratory for
post-doctoral training on a project in line with my doctoral training and with particular
focus on tuberculosis progression. My work in the laboratory will be to further explore
the role of human genetic variations, using genomics approaches, as it relates to
tuberculosis. This research will further our collective understanding of basic biology and
translational medicine, and it will lead to the development of safer and more effective
drugs for the treatment of tuberculosis.
4. I was particularly excited to have the opportunity to perform this research in the Boston
area. Not only is Dr. Raychaudhuri’s laboratory affiliated with Harvard Medical School,
giving me access to the world’s foremost researchers and clinicians, but also Boston is a
cultural hub in which I was eager to become immersed.
5. On November 30, 2016, after learning that I would have the opportunity to come to
Boston to work with Dr. Raychaudhuri and to conduct my research, I applied for a J-1
visa. I quit my job working in a genomics laboratory in Lausanne, Switzerland and
arranged to lease my apartment. On January 25, 2017, I was thrilled to receive
confirmation from the United States Embassy in Switzerland that my visa application had
been approved. My visa was issued two days later on January 27, 2017. A true and
accurate reproduction of the identifying page of my passport and the enclosed visa is
attached hereto as Exhibit A.
6. I promptly made arrangements to fly to Boston. I booked a ticket for Saturday, January
28, 2017 to fly from Zurich, Switzerland to Boston, via Frankfurt, Germany, aboard
Lufthansa Air Lines (“Lufthansa”).

Case 1:17-cv-10182-ADB Document 1-3 Filed 02/01/17 Page 2 of 10

7. On the morning of Saturday, January 28, I completed the first leg of my voyage from
Zurich to Frankfurt without incident. However, when I arrived at the gate to board the
flight from Frankfurt to Boston, I was turned away. A person in front of the Lufthansa
gate, who introduced himself as a consulate of the United States of America in Frankfurt,
told me that I was ineligible to board a flight to the United States because of an executive
order issued by the President of the United States on January 27, 2017, entitled
“Protection of the Nation From Foreign Terrorist Entry Into the United States.”
8. I was heartbroken because I was so eager to go to Boston to continue my research.
9. I returned to Zurich and sought the assistance of an attorney in the United States.
Through a mutual contact, I was put in touch with Attorney Noah Kaufman of the law
firm of Morgan, Lewis & Bockius LLP.
10. From Attorney Kaufman, I learned that in the matter of Tootkaboni v. Trump, a case
pending in the United States District Court for the District of Massachusetts, the
Honorable Allison D. Burroughs and the Honorable Judith Gail Dein issued a Temporary
Restraining Order (the “Order”) that granted relief from the President’s executive order to
individuals like me, who hold valid visas for entry into the United States.
11. In reliance on the Order, on Monday, January 30, 2017, I booked another flight to the
United States. My flight, Swiss International Air Lines (“SWISS”) Number LX52, was
scheduled to depart from Zurich at 5:25 p.m. local time on Tuesday, January 31, 2017,
and arrive in Boston at approximately 8:00 p.m. A true and accurate reproduction of my
ticket purchase confirmation and boarding pass is attached hereto as Exhibit B.
12. On the morning of Tuesday, January 31, 2017, I was in the process of getting to the
airport in Zurich when I received a telephone call from a representative at SWISS who
informed me that I would not be permitted to board Flight LX52.
13. I remained hopeful that I would be permitted to board the flight and I continued to the
airport. Once I arrived, I cleared security and checked my bags.
14. When I arrived at the gate, I was met by a SWISS customer service representative who
identified herself as Sibylle Port. Ms. Port told me that SWISS had been directed by
Customs and Border Protection that I should not be permitted to board the flight to
Boston. I showed Ms. Port a copy of the Order, but she responded that SWISS was
obligated to comply with the express directive of Customs and Border Protection that I
was not to board the flight. At my request, Ms. Port spoke directly to Attorney Kaufman,
but Ms. Port remained adamant that I would not be allowed onboard as a result of the
Customs and Border Protection directive.
15. I observed that Ms. Port had a printed copy of the directive from Customs and Border
Protection. I was able to take a picture of the directive using my cellphone and I
promptly sent the picture to Attorney Kaufman. I am informed and believe that Attorney
2

Case 1:17-cv-10182-ADB Document 1-3 Filed 02/01/17 Page 3 of 10

Kaufman has a copy of the photograph and can produce it to the Court upon request. I
also have an original copy of the Customs and Border Protection directive in my
possession.
16. My luggage was removed from the airplane and the flight departed without me.

[Signature page follows]

3

Case 1:17-cv-10182-ADB Document 1-3 Filed 02/01/17 Page 4 of 10

Case 1:17-cv-10182-ADB Document 1-3 Filed 02/01/17 Page 5 of 10

Exhibit B

Case 1:17-cv-10182-ADB Document 1-3 Filed 02/01/17 Page 6 of 10

Ticket
Travel Itinerary

Service center

Passenger

Document

ASGARI/SAMIRAMS

Reservation number

24TBRL

Ticket number

7242304372371

Calling from Switzerland

0848 700 700

Calling from Zurich

[phone]

Issued

SWISS.COM

Issue place

SWITZERLAND

Page

Flight 1

30/1/2017

Issuer

1 of 4

Flight 2

Flight

Flight

LX52

LX53

From

From

Zurich (ZRH)

Boston (BOS)

Zurich

Logan Intl Arpt

To

To

Boston (BOS)

Zurich (ZRH)

Logan Intl Arpt

Zurich

Departure date

Departure time

Departure date

Departure time

Terminal

31 January 2017

17:25

07 February 2017

21:45

E

Latest check-in

Latest check-in

16:45

20:30

Arrival date

Arrival time

Arrival date

Arrival time

31 January 2017

20:05

08 February 2017

11:00

Check-in baggage

Hand baggage

You arrive on the next day

1 piece, up to 50lb / 23kg
max size up to 62li / 158lcm

1 piece up to 18lb / 8kg ,
max size up to 46li / 118lcm

Check-in baggage

Hand baggage

(width + depth + height)

(width + depth + height)

1 piece, up to 50lb / 23kg
max size up to 62li / 158lcm

1 piece up to 18lb / 8kg ,
max size up to 46li / 118lcm

Travel class

Booking / Ticket Status

(width + depth + height)

(width + depth + height)

Economy (V)

Confirmed / Airport control

Travel class

Booking / Ticket Status

Flight operated by

On behalf of

Economy (K)

Confirmed / Open for Use

Flight operated by

On behalf of

Swiss International Air Lines
Not valid before

Not valid after

31 January

31 January

All times are local times

Swiss International Air Lines
Not valid before

Not valid after

07 February

07 February

All times are local times

SWISS Choice / other services
Second Bag

SWISS Choice / other services

Case 1:17-cv-10182-ADB Document 1-3 Filed 02/01/17 Page 7 of 10

Receipt

Service center
Calling from Switzerland

0848 700 700

Calling from Zurich

[phone]

Passenger

Document

ASGARI/SAMIRAMS

Reservation number

24TBRL

Ticket number

7242304372371

Issued

30/1/2017

Issuer

Item

CHF

Fare

302.00

Taxes International Surcharge (YQ)

356.00

Airport Passenger Security & Noise Charge (CH)

35.00
5.50

Customs User Fee (YC)
Transportation Tax (US)

18.00

Transportation Tax (US)

18.00

Aphis Passenger Fee (XA)

4.00

Immigration User Fee (XY)

7.00

Passenger Civil Aviation Security Fee (AY)

6.00

Passenger Facility Charge (XF)

4.50
43.00

Charges Fees*
Grand total

799.00

* The amount includes fees such as e.g. service fee, OPC, etc. For details please contact your nearest SWISS Service
Center.

Form of payment
Ticket/Fees: Credit Card Master Card

CA
799.00
XXXXXXXXXXXXX3499

Endorsement/restrictions
NONREF/FL/CHG RESTRICTED CHECK FARE NOTE -BG LX

SWITZERLAND

Page

Fare details

SWISS.COM

Issue place

2 of 4

Case 1:17-cv-10182-ADB Document 1-3 Filed 02/01/17 Page 8 of 10

Baggage provisions

Service center
Calling from Switzerland

0848 700 700

Calling from Zurich

[phone]

Passenger

Document

ASGARI/SAMIRAMS

Reservation number

24TBRL

Ticket number

7242304372371

Issued

30/1/2017

Issuer

Zurich (ZRH)

3 of 4

Flight LX52

Boston (BOS)

SWITZERLAND

Page

1

SWISS.COM

Issue place

Economy (V)
Size

Quantity

Price

Weight

Carry-on baggage

1 piece

n/a

up to 18lb / 8kg

up to 46li / 118lcm

Baggage allowance

1 piece

n/a

up to 50lb / 23kg

up to 62li / 158lcm

2nd baggage charge

1 piece

CHF 90.00

up to 50lb / 23kg

up to 62li / 158lcm

Prepaid 2nd baggage charge

1 piece

CHF 75.00

up to 50lb / 23kg

up to 62li / 158lcm

Flight LX53

Economy (K)
Size

2

Boston (BOS)

Zurich (ZRH)
Quantity

Price

Weight

Carry-on baggage

1 piece

n/a

up to 18lb / 8kg

up to 46li / 118lcm

Baggage allowance

1 piece

n/a

up to 50lb / 23kg

up to 62li / 158lcm

2nd baggage charge

1 piece

CHF 90.00

up to 50lb / 23kg

up to 62li / 158lcm

Prepaid 2nd baggage charge

1 piece

CHF 75.00

up to 50lb / 23kg

up to 62li / 158lcm

General baggage provisions
Customer status

Destination

SWISS First

SWISS Business

SWISS Economy***

HON, SEN*, Star Gold**

to / from / via US / CA

+ 1 piece up to 32 kg

+ 1 piece up to 32 kg

+ 1 piece up to 23 kg

worldwide
+ 1 piece up to 32 kg
(except to /from/via US/CA) + 1 set of golf equipment

+ 1 piece up to 32 kg
+ 1 set of golf equipment

+ 1 piece up to 23 kg
+ 1 set of golf equipment

Frequent traveller*

worldwide

General allowance

General allowance

+ 1 piece up to 23 kg

Miles & More members

worldwide

no additional
baggage allowance

no additional
baggage allowance

no additional
baggage allowance

SWISS Golf Traveller*

worldwide

+ 1 set of golf equipment

+ 1 set of golf equipment

+ 1 set of golf equipment

Members of other frequent flyer programme should contact the relevant operator
* Applies to flights operated by SWISS, Lufthansa and Edelweiss Air
** Applies to flights operated by Star Alliance member airlines
*** For SWISS Light fares no additional baggage allowance applies

Case 1:17-cv-10182-ADB Document 1-3 Filed 02/01/17 Page 9 of 10

Important information

Service center
Calling from Switzerland

0848 700 700

Calling from Zurich

[phone]

Passenger

Document

ASGARI/SAMIRAMS

Reservation number

24TBRL

Ticket number

7242304372371

Issued

30/1/2017

Issuer

SWISS.COM

Issue place

SWITZERLAND

Page

4 of 4

General information

Important notice

All times noted are local times. Please keep this receipt with you throughout your
journey. Your ticket is stored in our reservations system. As with all airline tickets your
ticket is not transferable to others.

The contract of carriage between you and SWISS is governed by applicable law and
by our Conditions of Carriage, which you can consult on our swiss.com website.
Please note that, in accordance with Article 3.3 of our Conditions of Carriage, this
fare is only valid if the flights are taken in the booked sequence. Otherwise the fare
will be recalculated based on the actual flight routing.

Dangerous goods
No dangerous goods are allowed in either checked baggage or carry-on- baggage.
More information on swiss.com/dangerousgoods

Bringing liquids on board
In compliance with international security regulations, any liquid items (including gels,
pastes and similar) which are carried into the aircraft cabin must be packed in
individual containers with a capacity of not more than 100 ml (1 dl).

The liability of SWISS or other carriers is subject to the Montreal/Warsaw Convention
and/or EC Regulation 2027/97. In the event of death or bodily injury, SWISS has
waived the liability limits imposed by the Warsaw Convention, and has waived the
defence that it has taken all necessary measures to avoid damage up to a liability of
113,100 special drawing rights (SDR) per passenger. In the event of death or
bodily injury, SWISS will make an advance payment in accordance with EU law.
Additional baggage fees may apply.

If you are denied boarding or if your flight is cancelled or delayed for at least two
hours, ask at the check-in counter or boarding gate for the text stating your rights,
particularly with regard to compensation and assistance. Regulation (EC) no.
261/2004.

The authorities of certain countries may require us to transfer specific travel data to
them relating to your journey, for security and immigration purposes. You authorise
us to transfer, for these purposes, so-called passenger name record (PNR) data
such as your name, date of birth, home address, contact phone numbers,
information on your travel partner, date of reservation, ticket issuance, payment
information, travel itinerary, frequent flyer number, information concerning your
baggage and/or changes to the PNR. You are aware that such data could be
transferred to countries whose data protection provisions are not as strict as those
provided under Swiss law.

Air transportation notice

More information online

For liability issues and other transport conditions, please refer to the SWISS general
conditions of carriage available at any Swiss International Air Lines sales office, or on
swiss.com.

Easy check-in by internet
swiss.com/webcheckin

Air passenger rights

Latest check-in time for your airport
swiss.com/ch/en/prepare/check-in/checkin-times
For complaints and compliments
swiss.com / customerservice
Your contact for further inquiries
swiss.com / contacts

SWISS wishes you a pleasant flight.

Case 1:17-cv-10182-ADB Document 1-3 Filed 02/01/17 Page 10 of 10

Y

Passenger name: ASGARI/SAMIRAMS
E-ticket number: 724 2304 372 371-1
Frequent flyer number:
Check-in sequence: 37

From Zurich (ZRH) to Boston (BOS)

Flight LX52

Date

Departure

Booking class

Gate

Boarding time

Seat

31 January, 2017

17:25

Economy Class (V)

N/A

16:25

39K

Please be at the departure gate at the boarding time stated. Otherwise, your seat may be re-assigned.

Baggage allowance
Baggage type

Quantity / Weight

Size

Free checked baggage for flights
operated by SWISS.

See E-Ticket terms and conditions for detailed baggage allowance.
Additional baggage allowance may apply for Frequent Flyers or if purchased separately.

Carry-on baggage for flights
operated by SWISS

max.

An item of baggage must not exceed

1 × 8 kg

55 × 40 × 23 cm

Travel information
Baggage drop-off
Please report with your baggage to

the Baggage drop-off counter at Check-in 3 if arriving by train, otherwise to the
Baggage drop-off counter in Check-in 1.
If you are travelling with hand baggage only, you may proceed directly to your departure gate.
Kindly consult our website for the latest check-in times of your departure airport: swiss.com/latest_checkin.
Dangerous goods
No dangerous goods are allowed in either checked baggage
or carry-on-baggage. For detailed information check
swiss.com/dangerousgoods.
Bringing liquids on board
In compliance with international security regulations, any
liquid items (including gels, pastes and similar) which are
carried into the aircraft cabin must be packed in individual
containers with a capacity of not more than 100 ml (1 dl).

Air passenger rights
If you are denied boarding or if your flight is cancelled or
delayed for at least two hours, ask at the check-in counter or
boarding gate for the text stating your rights, particularly
with regard to compensation and assistance. Regulation (EC)
no. 261/2004.
Air transportation notice
For liability issues and other transport conditions, please
refer to the SWISS general conditions of carriage available at
any Swiss International Air Lines sales office, or on
www.swiss.com.