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

Filing 194

MOTION for Leave to File Third Amended Complaint, filed by Plaintiffs Commonwealth of Massachusetts, State of California, State of Maryland, State of New York, State of Washington, Intervenor Plaintiff State of Oregon. (Attachments: # 1 Complaint 3rd Amended, # 2 Index of Exhibits, # 3 Index of Declarations, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Decl of Joint Former National Security Officials, # 19 Decl of Nima Ala, # 20 2nd Decl of Rabyaah Althaibani, # 21 Decl of Alireza Ayoubi, # 22 Decl of Shervin Beygi, # 23 Decl of Bahareh Bina, # 24 Decl of Ethan Devenport, # 25 Decl of Yasaman Esmaili, # 26 Decl of Mahdi Hajiaghayi, # 27 Decl of Mojdeh Jalali Heravi, # 28 Decl of Vahid Jazayeri, # 29 Decl of Mohammad Shafiei Khadem, # 30 Decl of Ahmad Moghaddam, # 31 Decl of Younes Nouri, # 32 Decl of Proshat Parsimoghadam, # 33 Decl of Emad Soroush, # 34 Decl of Tannaz Sattari Tabrizi, # 35 Decl of Seyed Danial Vaezi, # 36 Decl of Banafsheh Samareh Abolhasani, # 37 Decl of Armin Alaghi, # 38 Decl of Pegah Jalali Asheghabadi, # 39 3rd Decl of Rovy Branon, # 40 5th Decl of Asif Chaudhry, # 41 Decl of Maryam Dadkhahan, # 42 Decl of Jason Detwiler, # 43 2nd Decl of David Eaton, # 44 Decl of Kiana Ehsani, # 45 Decl of Ali Farhadi, # 46 Decl of Hoda Farhadi, # 47 Decl of Maryam Fayazi, # 48 Decl of Mohammad Ghaedi, # 49 Decl of Anne Greenbaum, # 50 Decl of Hannaneh Hajishirzi, # 51 2nd Decl of Deirdre Heatwole, # 52 Decl of Parisa Hosseinzadeh, # 53 Decl of Adam Mokhalalati, # 54 Decl of Shima Nofallah, # 55 4th Decl of Jeffrey Riedinger, # 56 Decl of Solmaz Shakerifard, # 57 Decl of Khadijeh Sheikhan, # 58 Decl of Ali Shojaie, # 59 Decl of Hema Yoganarasimhan, # 60 2nd Decl of Kathy Oline, # 61 2nd Decl of Dave Soike, # 62 2nd Decl of Rita Zawaideh, # 63 2nd Decl of Mitra Akhtari, # 64 2nd Decl of Melanie de Leon, # 65 Decl of Payam Fotouhiyehpour, # 66 2nd Decl of Marc Overbeck, # 67 2nd Decl of Sana Parsian, # 68 Decl of Sahar Z. Zangenah, # 69 2nd Decl of Dennis Galvan, # 70 Proposed Order) Noting Date 10/16/2017, (Melody, Colleen)

DECLARATION OF
PAYAM
FOTOUHIYEHPOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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STATE OF WASHINGTON, eta!.,

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Plaintiffs,

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-

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DONALD TRUMP, eta!..

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Defendants.

CIVIL ACTION SO. 2:17-cv-00141-JLR
DECLARATION OF PAYAM
FOTOUHIYEHPOUR

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Pursuant to 28 U.S.C.

§ 1746(2), 1, Payam Fotouhiyehpour, hereby declare as follows:

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1.

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2. 1 live in Washington State.

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1 am over the age of eighteen and competent to testify herein.

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3. 1 am originally from Iran. I came to thc United States in 2009 as pernrnnent resident (green

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card holder).
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4. Since Jan 7.2016 1am citizen of the USA

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5. 1 am a quality manager in medical device industry and my knowledge, experience and

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competencies in this area are critical for public safety and wellbeing with regard to the

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All ()RNIX Gl:NFRAI. Qi WASI IINGT0N
800 Fifth AveflUe, Suite 200(1

Scuttle, VA 98101-3188
[phone]

criticality of design and manufacturing of safe and high performance medical devices.
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Currently I am a full time employee of Philips Healtheare (Bothell WA)
6. My mother and brother live in Iran. They will not have visas to enter the United States

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by October 18, 2017. There is no reasonable level of confidence in my safety to travel
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to Iran in its current political status (because of my political views). My only tangible

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option to be with my mother or brother is completely destroyed if the President’s

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September 24, 2017 Proclamation is implemented with unlimited travel ban on

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Iranians. it is obvious that safety and security ofmy family, including my wife and my

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daughter (both American citizens) are crucially important for me and I support any
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reasonable governmental decision which improves the level of safety for my family and

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all the residents of the USA. But preventing ordinary iranians, like my 70 years old
cancer survivor mother or my 36 years old violin teacher brother, who already go

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through very detailed and extreme visa application and interview processes, doesn’t add

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any preventive measure to our national security and safety. On the other hand, this ban

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abridges my privileges in using specific visa programs which have been designed and

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implemented for American citizens to enable them to host their family members from

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foreign countries; and it is a discrimination against me based on my Iranian ethnicity’.
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7. it is very troubling and painful for my daughter, my wife and Ito be separated from our

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family members for unlimited time. and only have the option to visit them in a third

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country for short periods with considerably higher cost. But this matter for me is more

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fundamental than emotional damages. If I would be deprived of bringing my family

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members to the USA through ordinary legal processes which are available for all the

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AflORNEY GENERAL OF WASiIINGi ON
iOU FlUb Avenue Suite 2001)
5e,ttie \VA YS i04-3 iii
[phone]

American citizens, I have no option other than finding a new country for living, in
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where, my rights and privileges as a legal resident and a decent member of the
community

would not be manipulated or compromised by discriminative decisions of

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the government. This was the main reason for me to leave Iran and choose the USA as
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my new home; and to be clear I love and respect my home. But I cannot live in

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home

where I am not welcome and being treated like a second class citizen.
I declare tinder penalty of perjury that the foregoing is true and

colTect.

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Executed on this

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day of October, 2017

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AI’IOl(NI:Y (J[:NLRAL 01’ \VASI IING ION
800 Fl Hi Avcnuc, 5u 1w 2000
Seattle, WA 98104-3188
[phone]