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IESDTSTruCT CoU

FILED

for the

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Eastern District of California

- 6 2016

CLERK. U.S. DISTRICT COURT
EASTERN'DISTR ICT OF CALI FORNI A

United States of America

cufix

Case No.

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21
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aUVI_Eo_vplUIlA t--JAYAq
Defendant(s)

CRIMTNAL COMPLATNT
l, Elizabeth Buckm i I ler, the complainant in this case, state that the following is true to the best of my knowledge
and belief.
In or about the date(s)

Eastern

of

District

October 6,2014

of

California

in the county

Sacramento

of

in the

, the defendant(s) violated:

Offense Description

Code Section

l8 u.s.c. $ r00r

Providing materially false, fictitious, and fraudulent statements and representations in
matter within the jurisdiction of an agency of the Uilited States, an offense involving
intemational terrorism as defined in l8 U.S.C. $ section 233
1

This criminal complaint is based on these facts:
(see attachment)

X

Continued on the attached sheet.

C omp

lainant's signature

Elizabeth Buckmiller, Special Agent, FBI
Printed name and title

Sworn to betbre me and signed in my presence.

Date:

/-/r

City and starc:

-

/CI/6

Ct7,

{f'wlfr:

Judge's signature

Edmund F. Brennan, U.S. Magistrate Judge
Printed nante and title

a

 AFFIDAVIT
I, Elizabeth Buckmiller, being duly swom, hereby state as follows:

I.

INTRODUCTION AND AFFIANT'S BACKGROUND

1.

I am a Special Agent with the Federal Bureau of Investigation (FBI), and have been

so

employed since February 2013. I am currently assigned to the Sacramento Field Office. I have

training in the preparation, presentation, and service of criminal complaints and arrest and search
warrants. I have participated in numerous investigations into terrorism-related activities and am
familiar with tactics, methods, tradecraft, and techniques of terrorists and their agents. I have
received training regarding counterterrorism investigations, operations, and strategies, and have
knowledge of various extremist groups, their ideologies, and their involvement in terrorist

activity. I am involved in the investigation of offenses against the United States, including
crimes of terrorism as set forth in Title I 8, United States Code, Section 2331, et seq.

2.

This affidavit is submitted for the limited purpose of establishing probable cause to

support a criminal complaint charging the subject
(hereinafter Al-Jayab)

-

-

Aws Mohammed Younis Al-Jayab

-

with knowingly providing and attempting to provide materially false,

fictitious, and tiaudulent statements and representations in

a matter

within the jurisdiction of

a

department or agency of the United States, in violation of Title 18, United States Code, Section
1001

. This affidavit does not purport to set fbrth all of my knowledge

of, or investigation into,

this matter.

3.

The facts set forth in this affidavit are based on, among other things: my personal

knowledge gathered from participation in the investigation of Al-Jayab; information obtained

from the investigative activities of other law enforcement officers; my review of documents and
computer records related to this investigation; communications with others who have personal
knowledge of the svents and circumstances described herein; and information obtained from

interviews of Al-Jayab by United States government personnel.

4.

Certain quotations herein are taken from draft transcripts of written communications that

transpired primarily in Arabic and were translated by FBI language analysts. Additional
quotations herein are taken from draft transcripts of recorded conversations that transpired in
English and Arabic and were translated contemporaneously with the assistance of an interpreter.

 Unless specifically indicated otherwise, all conversations described or quoted in this affidavit are
related in substance and part only. For example, the use of an ellipsis within brackets denotes

text which was not included in this aftidavit for the sake of brevity and clarity. The
conversations and other events described herein occurred on or about the ref'erenced dates. In

addition, the identities of Al-Jayab's associates and others have been redacted by replacing
o'Individual" followed by a letter.
names with the word

5.

For the reasons stated herein, I respectfully assert that there is probable cause to believe

that on or about October 6,2014, Al-Jayab, a person who currently resides in the United States,
did willfully and knowingly make and cause to be made materially false, fictitious, and
fraudulent statements and representations in a matter within the jurisdiction of a department or
agency of the United States, specifically the United States Citizenship and Immigration Services

(USCIS), a component of the United States Department of Homeland Security (DHS), and an
agency of the executive branch, and the otfense involved international terrorism as detined in

Title

18, United States Code, Section 2331,a11 in violation of

Title

18, United States Code,

Section 1001.

II.

SUBJECT: AWS MOHAMMED YOUNIS AL.JAYAB

6.

As confirmed by photo identification and USCIS records, Al-Jayab is a 23-year-old male

who currently resides in Sacramento, California. Al-Jayab was born in Iraq, and he emigrated

from Syria to the United States

as a refugee

in October 2012. Travel, bank, and electronic

communications records establish that Al-Jayab resided in the United States from approximately

October 2012 to November 2013 and again from January 2014 to the present.l He remains in
refbgee status to the present date, and as such, he is subject to the jurisdiction of USCIS for
purposes of this offense.

After arriving in the United States as a refugee in October 2012, Al-Jayab resided in Tucson, Arizona and
'
Milwaukee, Wisconsin. He first began to reside in Sacramento, within the Eastern District of California, upon his
return flonr Syria in lale January 2014,

 III.

SUMMARY OF THE INVESTIGATION

1.

USCIS officers conducted an in-terview of Al-Jayab on October 6,2014, at the

Sacramento USCIS office, with the assistance of an Arabic language interpreter.2 Al-Jayab was

advised it was unlawful to provide false statements to the interviewers. Specifically, Al-Jayab
was placed under oath and the following statement was read to him:
against the law to provide false statements to the government.

"Title l8 USC

If you knowingly

makes

and

it

willfully

provide false information or conceal a material fact, you are subject to criminal penalties. It is
against criminal law to lie or cover up information during the interview." Al-Jayab
acknowledged he understood this statement.

8.

During the October 6,2014 interview with USCIS, Al-Jayab made the following

statements:

a)

When directed to list the countries he visited during the last time he traveled

outside the United States, in 2013 to 2014, Al-Jayab responded that he went to Turkey,
and from Turkey he went to Britain and returned to the United States.

b)

When asked the purpose of his trip, Al-Jayab responded he went to Turkey to see

his grandmother and to visit the place.

c)

Al-Jayab responded,

o'No," to the following inquiries:

if he had ever been a member of any rebel group, militia" or
insurgent organization,

militia, or insurgent organization,

11.

if

111.

if he had ever solicited membership or funds for any terrorist group or

he had ever assisted any rebel group,

organization,

lv.

if he had ever provided any type of material support to any person or
group that engages in terrorist activity,

2

An FBI language analyst fluent in the traqi dialect of the Arabic language (spoken by Al-Jayab) was
available to and used by Al-Jayab telephonically during the interview.

 if

he had ever called for, helped

with, or committed the killing of any

person,

vl.

if

he had ever called tbr, helped

severe injury

vll.

with, or committed the intentional and

ofany person,

if he had ever been a member of a group of any kind in which he used or
threatened to use any type of weapon against any person, and

u1r.

if

he had ever assisted in a group where other people used or threatened to

use a weapon against any person.

9.

As supported by the facts outlined below, there is probable cause to believe that Al-

Jayab's statements and representations to USCIS listed above were materially false.

IV. EVIDENCE OF'THE OFFENSE
A.

10.

Activity prior to travel

The investigation has established the following facts concerning Al-Jayab's activities

from approximately October 2012 to October 2013.

a)

According to records of Al-Jayab's online social media communications obtained

pursuant to search warrant, beginning as early as mid-Oct ober 2}l2,Al-Jayab told

multiple family members and associates that he intended to travel to Syria. Al-.Iayab
expressed his desire to return to Syria to o'work,"3 identified Turkey as a probable transit

point, and sought to arrange the finances and logistics for his travel.

b)

On October 13,2012, Al-Jayab communicated with Individual A, who was then

located in Iraq, according to Individual A's communications with Al-Jayab. Al-Jayab

wrote, 'ol want to go back. God is my witness. [...]

I'll

go to Turkey and enter smuggled

''

Based on the tenor and content of Al-Jayab's extensive electronic communications, in this context I believe

the term

"work" refened to assisting in and supporting violent jihad.

 to Syria," and advised Individual A, "When I come,
except the Front.

c)

I'll call. Don't

[.. ] Go with Ansar or with the Front only."

go

with anyone

4

On October 30,2012, Al-Jayab communicated with Individual B, who was likely

located in Syria based on the content of his communications with Al-Jayab. Al-Jayab
wrote, "My return will cost me much.

[,..]

Tell [Individual C] if I come to Turkey to find

me a way to enter into Syria."

d)

On October 31,2012, Al-Jayab wrote to Individual B, "Tell [Individual C] I want

them to help me financially so I can retum." Individual B replied, "He said,

'If

he wants

to come through Turkey, we could get him in."'

e)

On January 20,2013, Al-Jayab communicated with Individual D, who was likely

located in Syria based on his communications with Al-Jayab. Individual D asked, "When
are you coming?" and Al-Jayab replied,

"As

a matter

of fact, money t do not have."

Individual D wrote, "findividual C] will send you." Individual D wrote that he was afraid
that he would die and not see Al-Jayab and explained he (Individual D) had been shot

twice in the hand and side. Al-Jayab wrote, "I have someone in Turkey. He wants to
come to Syria and pull the

trigger. Do you understand? Via the Turkish borders. [...]
Tell findividual C] about him." Individual D advised Al-Jayab, "Tell flndividual B] to
tell [Individual C]." Individual D wrote, "Tell me how much you need so we can plan
ahead for you before you arrive.

he can send

[...] findividual C] once asked how much

you need so

you. I will tell him now to send you. [...] Do not worry, [Individual C] will

manage."

0
"I

On February 1,2013, Al-Jayab communicated with Individual

E. Al-Jayab wrote;

was told by the young men to talk with you so that you could arrange my return."

Individual E wrote, "You just tell us and we will do it," and explained that another

o

"Front" is likely a reference to al Nusrah Front. According to the United States Department of Stote
Country Reports on Terrorism 201j, Al-Qa' ida in Iraq (AQI) was established in 2004 by long-time Sunni extremist
Abu Mus'ab al-Zarqawi, who the same year pledged lris group's allegiance to Osana Bin Laden. On December 17,
2004,the Department of State designated AQI as a fbreign terrorist organization (FTO) and Specially Designated
GlobalTenorist (SDGT). On December 11,2012, the Depaftment of State amended the designation of AQI to
include the al Nusrah Front (ANF)/ Jabhat al Nusrah (JAN) as aliases of AQI. The Deparhnent of State's finding in
support of amending the AQI designation was that ANF and JAN committed hundreds of terrorist attacks in Syria,

 individual "told me to find out how much you need." Al-Jayab responded, "Whatever
God enables," and Individual E advised, "Make affangements with [Individual F] to send
you the money."

g)

On Februar y 5,2013,A1-Jayab communicated with Individual F, who was likely

located in Syria, based on his communications with Al-Jayab. Individual F wrote, 'oI'll
go to Damascus to transfer the money to you," and provided wire transfer details to

Al-

Iayab. Later that same day, Al-Jayab discussed the wire transfer from Individual F with

Individual B.

h)

According to records from Westem Union, on February 5, 2013, an individual

believed to be lndividual F sent Al-Jayab $231 frorn Damascus, Syria. This individual
also sent $450 in the name of one of Al-Jayab's associates, who, along with Al.Jayab,
was then residing in

Arizona. Both wire transfers were received at a Western Union

agent in Arizona. On Februar y 7 ,2013,Al-Jayab confirmed to Individual F,

"l

received

the transfer [. . . ] the total 681 ."

i)

On March 13,2013,Individual F wrote to Al-Jayab, "Just come to Turkey

without

a passport and enter

Aleppo from there.

t

Tell them you are Syrian." Al-Jayab

replied,'ol'll come with temporary American passport." Individual F wrote, 'oI'll show
you the way, because [an associate] knows someone in Aleppo and I asked him to help
you." Al-Jayab asked, o'How to enter Syrian borders if my passport is American?" and

Individual F and Al-Jayab discussed various options for travel routes to Syria.

j)

On March 23,2013, Al-Jayab communicated with lndividual G, who was likely

located in lraq, based on his communications with Al-Jayab. Al-Jayab wrote,'oI am
coming to Syria

[...] I have

planned a route and everything. [.. .] The most important is

the duty of the path." Al-Jayab offered,

will

arrange

"If

you want in Iraq,I will anange it for you. I

it for you in Syria also. I will take you with me at your convenience,

decide what you want to do.

so

[...] Only the Jabhat al-Nusrah group. It is impossible that

we go with others."

Aleppo is a city located in northr'vestern Syria.

 k)

Also on March 23,2013, Al-Jayab communicated with Individual H, who was

then likely residing in Turkey according to his communications with Al-Jayab. Al-Jayab
explained that he wanted to travel to Turkey to enter Syria, and he asked Individual H to

pick him up at the airport. Individual H asked if Al-Jayab "want[ed] Al-Nusra Front,"
and Al-Jayab responded, "that's for sure." Individual H advised, "You know those who

arrive to Syria from Turkey, most of them are citizens of Sweden and Australia and
others, because war is to advance and retreat.

[...] Syria is one hour away from where'I

am now and smuggling takes place in our area." When Al-Jayab told Individual H that he

would be traveling to Turkey with a United States travel document, Individual H
reminded Al-Jayab of the importance of maintaining the ability to travel legally. AlJayab proposed,

"l'll

go to the American Embassy in

circumstances, I can't return now.

[...] I'll

Turkey. I will tell them that due to

say tourism, or

I'll tell him my grandmother

is sick in Turkey and I wanted to be with her."

l)

On April 8, 2013, Al-Jayab wrote to Individual F about Individual I's desire to

travel to Syria, and noted that Individual I was oorecommended" to Al-Jayab by an "active

brother." Individual F wrote, ool'll send you flndividual C]'s number and you tell him
about [Individual I]'s affair. [...] You explain to him [Individual I] if he comes here, he
shouldn't go back fto America]. Either victory or martyrdom." Al-Jayab replied, "When

I arrive,

I'll

arrange with [Individual

C]. [...] America will not isolate me from my

Islamic duty. Only death will do us par1. My only wish is to see you and start the
action."

m)

On April 9,2013, Al-Jayab communicated with Individual I, who resided in

Texas according to immigration records. Al-Jayab infbrmed Individual I, "[Individual F]
spoke with me. He told me,

'Tell your friend to come and not retum."' Al-Jayab

discussed various weapons with Individual I, to include the PKC, GC, Glock, and M16.6

Individual I wrote to Al-Jayab, "I need to learn from your weapon expertise." Individual

I asked, "lf God makes it easier and wills it, would they place me at a center that would
suit me or do I get to choose?" Al-Jayab responded, "No, they will arrange things for

u

I believe PKC, GC, Glock, and M16 are references to various fireams, including the Soviet-designed PK
machine gun and the M 16 assault rifle.

 you. If you arrive and I am still there, I will train you. And once you are done [training],
I will submit

a request to the person in charge so you would come and work

with me."

Individual I asked, "So they will assign me to a certain job according to my abilities,
which they

see,'o and

Al-Jayab explained, "No, we will make your abilities very strong."

Individual I asked, "In your opinion, what kind ofjob [will they] assign me to?" AlJayab replied, "Let us arrive and we

there.

n)

[...]

will

arrango there. Our concern now is only to arrive

When you arrive to al-Sham [Syria] you will be trained."

On April 13,2013, Al-Jayab wrote to Individual I, "O God, grant us martyrdom

for your sake while engaged in fighting and not retreating; a martyrdom that would make
you satisfied with us." Individual I wrote, "lt is better if we leave together when the
Turkish route is open, so that if we are confronted by any resistance from the enemy,
there is the two of us

[...] I mean we would help each other." Individual I related that he

learned fiom a Syrian associate, "He who enters illegally from Turkey to Al-Sham

[Syria] does not have to pass through checkpoints." Al-.layab wrote, "When I arrive in
Turkey, I will call our youth in Turkey, and they will solve the situation for me. [...] We

just arrive to Turkey, everything would be solved."

o)
o'l

On April 16,2013,A1-Jayab communicated with Individual J, Individual J wrote,

am in Damascus, but I also work in Jirmanah."T Al-Jayab wrote,'oGod

return soon.

[...] I am coming to you." Individual

J wrote,

willing,

o'Do you
know that we

I'll
just

killed ten of the Syrian militia, the Shabihah. Hahaha, with an IED." Al-Jayab \Mrote,
was told that you and I

will work together." Individual

J wrote,

"I wish, come, let

o'l

us do

the killing together." Al-Jayab asked, "What do you do now? Using IEDs or fighting,"
ooBoth."
Al-Jayab wrote, "Hey man, please do not die: wait
and Individual J responded,

for me to come. [...] Do you not want us to work together?" Individual J replied, "Of
course." Al-Jayab wrote, o'I do not want anything in the world, just to get to Syria safely
and find you there, you and [Individual F], [Individual D], and
eager to see blood."

Jirmanah is a suburb or neighborhood of Damascus, Syria.

[ndividual C] [...] I am

 p)

On April 21,2013, Individual I wrote to Al-Jayab,'oDo you know that I have

never sprayed fire with a Kalashnikov?" Al-Jayab replied, 'oGod willing, you will have

your chance to shoot [...] The most shots I made with it in my lif-e was in the biggest
battle I participated

in.

Sevenmagazines in one breath.

[...]

Just shooting, spraying,

spraying." Individual I clarified, "You mean you were there during the battle against the
Assadists?" and Al-Jayab confirmed,'oYes. Certainly." Al-Jayab wrote, "Brother, God

willing, you will be bored of shooting with guns. I have not seen anything better than the

Glock. All my work was with the Glock and a nine Tariqs and also its silencer [...]
Once it hits someone, you would think the person fainted right before your eyes.

not look like you killed

It

does

him." Individual I asked, "Are there operations conducted with

silencers in Damascus?" Al-Jayab replied,'oYes. We were using silencers in Damascus

[on] control checkpoints, otficers, everything." Individual I asked what "Assad's soldiers
scream when you raid," and Al-Jayab replied, "They
remember once

fall silent. They stiffen. I

I went down together with a brother. We executed I...] three. As for the

brother who was with me, he shot two. The third one aimed the Russian at the brother

[...]

and would not unlock the safety. He was so scared, he could not do

it."

Individual I

interjected, 'oGod is great! And you silenced him." Al-Jayab replied, "Yes. At the time,
the operation was without the use of silencer [. ..] in the chest, in the head. And when he

falls, we shoot again." Al-Jayab continued, "Do you remember the national security
headquarters building in Syria? The mujahidin, Al-Nusra Front struck

suicide bombers they want to break

it.

[...]

Those

in. There is a control checkpoint that would

stop

them. Their call is full of ammunition and suicide vests, its booby traps were visible,

so

they would stop them and arrest them. We got down and overran the control checkpoint
and opened the way for them to raid, and we retreated." Individual I confirmed,

"You

mean you were there during the raid?" and Al-Jayab replied, 'oYes. Look, God is with the

Mujahidin."

q)

On April 25,2013, Individual I wrote to Al-Jayab, "O God please do not deprive

me, my brothers, and my brother Aws from the blessings of Jihad in Syria," and asked,

t

Ibelieve"nineTariq"isareferencetothelraqi-nranufacturedcopyoftheBerettaN,{1951pistol. TheTariq

rvas tlre service pistol of the Iraqi Army from approxirnately the 1980s to 2003, according to open-source

infbrmation.

 "Tell me, when did you join?" Al-Jayab wrote, "I was a little over

16 years

old. My

tribe, half of them are Mujahidin. I did not tind any difficulty to get to Al-Jihad," and
further explained, "This group that I worked with [...] those were fiom Saddam's era in

Kurdistan. Their Emir['s] name is Mullah Krikar [...] their name was Ansar al-Sunnah
and now they are called Ansar al-Islam."e

r)

On May 21,2013, Al-Jayab communicated with Individual

K.

Individual K

informed Al-Jayab that Individual B and two others had been arrested by the Syrian
government. lndividual K wrote, "They are accused of working for Al-Nusra Front.
They were amested in Jaramana."

s)

On May 26,2013, Al-Jayab informed Individual I that "the brothers" had been

arrested. Al-Jayab wrote, "I really did not want to disturb you. For some time I knew. I
did not want you to lbel uneasy about Jihad and be concerned with being detained."

0

On June 30,2013, Al-Jayab wrote to IndividualL,':1am at the shooting club. I

want to learn long range shooting," and sent photos from an identit'ied gun range in

Wisconsin, as well as photos of Al-Jayab with various weapons.

u)

On July 9,2013, Al-Jayab pleaded with Individual D, "Try to raise some t.unds

fbr me. Otherwise I am going to explode. t. . .] I need money, I want to come."

v)

On July 11,2013, Al-Jayab wrote again to Individual D, "Try to manage the

money this week, my dear. You and [Individual C]."

w)

On August 18, 2013, Al-Jayab wrote to Individual D,'oI have left $400 until I

come there. I want that you plan for me a route quickly."

x)

On August lg,2} 3,Al-Jayab communicated with Individual M, who was likely

residing in Syria based on his communications with Al-Jayab, as well as Individual M's
social media account profile, which stated that he lived in Damascus, Syria. Al-Jayab

e

According tothe United States Department o/'Slate Countrlt Reports on Ten'orism 2014, Ansar al-lslanr,
also knowr.r as Arrsar al-Suuua among other aliases, is a Sunni ten'orisi group which has vorved to establish an
independent Islamic state in Iraq. Ansar al-lslam originated in lraqi Kurdistan and u'as fbunded by MLrllah Ifuekar
Ansar al-lsiam became a designated foreign terrorist organization on Malch 22,2A04.

l0

 wrote, "Finally, light at the end of the tunnel. I need $400 and I will come. I want you to
plan a route.

y)

t...] I need people in Turkey to take me to Aleppo."

On August 26,2013,A1-Jayab communicated with Individual

records obtained via search warrant, Individual
used to distribute

N.

Based on

N's social media account appeared to be

ISIL propaganda and to communicate with individuals who are

believed to be affiliated with ISIL and other terrorist organizations.r0 Individual N told

[..,] Haji, keep our job
in your mind. And think. And it is tedious a little bit. We ask God to reward you." Al-

Al-Jayab, "May God protect you and grant success through you.

Jayab responded,

z)

"Okay. By God, I am trying."

On August 30,2013, Al-Jayab told Individual N, "The most important thing is to

send me money to return.

t...] I want to come. God has facilitated

the work before.

[...]

I will come."

aa)

On September 8, 20t3,Al-Jayab wrote to Individual D,

"I

am burning with desire

to come there and work," after which he and Individual D discussed a photo of various
weapons including a gray gun and Kalashnikov rifle that Individual D claimed belonged

to Individual

D. Individual

D wrote to Al-Jayab, "'When you arrive here, we will give

[...] along with five magazines,
replied, "I wish you will not die until I come."

you better ones

bb)

On Octobe

r

one of which holds 30." Al-Jayab

26,2013, Al-Jayab wrote Individual N, "Sheikh, I need a path."

Individual N replied on October 29,*I tasked [Individual D] and I will provide him with
the money so he would transfer

it to you."

Travel to Turkey and Syria
1

l.

The investigation has established the following facts concerning Al-Jayab's activities

from approximately November 2013 to.Ianuary 2014.

r0

According to the l-Jnited States Deparnnent oJ'State Country Reports ctn Terrorism 201 4 and infbrmation
published by the National Counterterrorism Center, AQI publicly re-named itself the Islamic State in Iraq in October
2006. In April2013, AQI's leader Abu Bakr al-Baghdadiciianged the group's public nante to the lslamic Staie ol
Iraq arid the Levant (ISIL), to reflect its operational expansiori into the Syrian conflict. In NIay 2014, thc
Depafiment olstate ameirded the FTO designation of AQI to inciude tire alias ISIL as its priutary nan.re.

ll

 a)

In early November 2013, Al-Jayab was residing in Milwaukee, Wisconsin

according to travel, bank, and electronic communications records. Bank records indicate
Al-Jayab received approximately $4,500 from an auto insurance settlement on November

6,2013.

b)

On November 7,2013, Al-Jayab wrote to Individual N, "Haji, I managed to get

money and everything, I do not want money from you, just find me a way, I beg you.

Make arrangements for me, my Sheikh t...] I will be going to Turkey and it is very
important that you provide me with a telephone number."

e)

On November 8, 2ll3,Al-Jayab purchased an airline ticket in Chicago, Illinois.

Travel records establish that Al-Jayab flew directly frorn Chicago to Istanbul, Turkey on
November 9,2013.

d)

Al-Jayab maintained contact with several of his family members and associates

while he was outside of the United States between November 2013 and January 2014 and
kept them apprised of his movements and wellbeing.

e)

I have reviewed electronic communications records of Intemet Protocol (IP)

addresses that Al-Jayab utilized to connect to the internet to access social media and

email accounts during his travel to Syria. Analysis of those IP addresses and other

information establishes that Al-Jayab accessed the internet in the time period at issue
through a satellite that covered both eastern Turkey and areas of norlhern Syria.

0

On November 10, 2013, Al-Jayab communicated Individual O, who was then

residing in Cyprus, and explained that he (Al-Jayab) was in Turkey, planned to enter
Syria, and would be'ogoing with the Mujahidin."

g)

On November 19, 2013,Al-Jayab informed Individual O that he fAl-Jayab] had

safely arrived in Syria and was in Aleppo.

h)

On November 26,2013, Al-Jayab told Individual N (see paragraphs 10(y, z,bb)

and 1l(b), above) that he (Al-Jayab) was in Aleppo and providecl a telephone number that
began with the numbers 0992 to Indi.ridual N in orcler to contact him (Al-Jayab). Basecl

t2

 on publicly available intbrmation, this phone number corresponds to a Syrian telephone
number,

i)

On November 28,

Z}l3,lndividual O advised Al-Jayab to avoid using his phone

it showed "that [Al-Jayab was] writing from Aleppo." Al-Jayab replied, "Okay."
Individual O wrote, "Aws, I need you to get out of Syria as soon as possible," and noted
because

Al-Jayab's phone'owill reveal that you are in Syria [...] and this is dangerous to your
situation over there."

j)

On December 10, zll3,Individual O informed Al-Jayab, "It shows that you are

typing from Al-Hasakah."ll Al-Jayab responded, "How did you know?" Individual O
wrote,

"l am telling

you, it [is] shown to me that you are writing from Al-Hasakah," and

Al-Jayab replied, "Okay." Shortly thereafter, Al-Jayab wrote to Individual O, "Forgive
me, I might become amartyr."

k)

On Decemb er

17

o'afraid
of being
,20'13, Al-Jayab told Individual O he was

imprisoned in America [because] the government is alert for everything, [and] my trip
here constitutes a charge."

l)

On December 23,2013, Al-Jayab wrote to Individual O,

ool

have

ml6."

Based on

my training and experience as well as communications between Al-Jayab and his
associates during his travel, I believe "m 1 6" is a reference to the M I 6 assault

rifle. On

the same day, Al-Jayab informed Individual O that he (Al-Jayab) was returning to

Aleppo.

m)

On Decemb er 25,z} 3,lndividual O told Al-Jayab to remove a picture that

"shows that you are wearing military uniform."

n)

On December 28, z}l3,Al-Jayab communicated with Individual P, who was then

located in Indonesia according to his communications with Al-Jayab. Al-Jayab informed

Individual P that he (Al-Jayab) was in Aleppo. Al-Jayab explained that he joined Ansar
al-Sham, "the same as Ansar al-Islam, just with another name."l2 Al-Jayab continued,

''
't

Al-l-lasakah is a city located in northern Syria.
On December 28,2013, Al-Jayab erpressed to individual P iris understanding that, "Ansar al-lslam and
Ansar al-Sham have one and the same faiih and approach." Al-Jayab explained, "Ansar al-Sham and tlie Ansar al-

l3

 "lt

is the one that leads the new Islamic Front formed after merging with Jabhat al-

Nusrah," but he noted that the alliance was not publicly declared. Al-Jayab wrote, "The

Army of Islam and Ahrar al-Sham and Al-Tawhid Brigade became the al-Jabhah alIslamiyyah.13 When they engage in battles [they are] led by Jabhat al-Nusrah and Ansar

al-Sham." Al-Jayab detailed the cooperation and 'Joint action" that existed between
certain Sunni extremist groups engaged in the conflict against the Syrian regime. When

Individual P encouraged Al-Jayab to not "be harsh on the State,"l4 Al-Jayab wrote that
the State

o'have

killed many from Jabhat al-Nusrah and hundreds of mujahidin fare

detained] by the State." Al-Jayab wrote,

"I

came to Syria.

t...]

I fight alongside." He

then expressed concern over conflict that was occurring amongst some of the Islamic

groups in the area: 'oBrother, this is the blood of Muslims shed at the hands of the State,"
and continued,
to

join

it.

oolf

it weren't for the State's bloodletting, I would have been the first one

[That's] why I joined the al-Ansar even though there's little action; the al-

Ansar, at least they don't
Nusrah shortly

o)

[...]

and

kill Muslims."ls Al-Jayab continued, "Brother, I'lljoin al-

if any sedition

arises,

I'll

leave my weapon and go to Turkey."

On January 2,2014, Al-Jayab wrote to Individual O,

"I

have been thinking

of

joining the State and abandon[ing] the al-Ansar." Al-Jayab explained he was familiar
with Ansar al-lslam because
came to Syria from

heooused to

work with them in Iraq," and his "commander"

Iraq. Al-Jayab wrote,'oI came to him." Al-Jayab also

asked

Individual O's opinion of al-Ansar.
Islam are but one, lts Emir is Abu Hashim." According to the Uniled States Department of State Country Reporls
on Terrorism 2014, Ansar al-lslam is a Sunni terrorist group which has vowed to establish an independent Islamic
state in Iraq. Ansar al-lslam became a designated FTO on March22,2004. Abu Hashim Muhammad bin Abdul
Rahman al Ibrahim became the leader of Ansar al-lslam in December 201 L See also footnote 9, above.
.

Al-Jabhah al-lslamiyyah is an Arabic phrase that franslates to "the Islamic Front." According to open
source reporting, the Islamic Front was an umbrella organization of Sunni Salafist groups fighting to depose the
Syrian regime and seeking to establish an Islamic state in Syria. In late November 2013, founding members of the
Islamic Front included Ansar al-Sham, Ahrar al-Sham, the Tawhid Brigade, and the Army of Islam, among others.

'3

Based on my training and experience as well as open source infomation, I believe "the State" is shorthand
'o
commonly used to ret'er to ISIL.
Based on my training and experience as rvell as the content of Al-Jayab's electronic communications, I
'5
believeAl-Jayab'srefbrenceto"Muslir.ns"excludesShiaNluslinrs. Al-Jayabref-erstoShiitesusingterirssucitas
"rafidah," meaning rejectionists or rejectors; this is a derogatory tenlr corrlrloilly used by Sunni extreurists u,irei.t

discussing Shia.

l4

 p)

On January 6,2014,A1-Jayab wrote to Individual M (see paragraph 10(x) above),

that Al-Jayab was in "Haritan, Aleppo, a fighting zone [between] the State and the Free

Army."l6 When Individual M asked if Al-Jayab
replied,

was with "the Free now," Al-Jayab

"No. Ansar al-Islam." Individual M asked, "Who

Jayab replied, "Ansar al-lslam

do they belong to?" and

Al-

in lraq." Al-Jayab discussed the infighting that occurred

between various Islamic extremist goups engaged in the Syrian conflict.

q)

On January 7,2074, Al-Jayab wrote to Individual P,'oBrother, we do not sit and

watch. [...] Our heaclquarters is next to the State exactly, and we are against the Free

Army. We have prevented the Free Army from entering the area
State's headquarters. And

if

the Free Army advances, we

and attacking the

will fight it. [...] We installed

the DoshkaslT in the street and spread among all of our headquarters because we are at
the entrance of Aleppo. The Free Army is under the control of our forces." Al-Jayab

concluded,

"I

swear that the State is

killing [members of] al-Ansar and al-Nusrah. They

are our brothers, but they are making a mistake. And we are going to stand

against the [Free Arn

withdraw.

y]."

with the State

That same day, Al-Jayab wrote to Individual M,'oI might

[...] When the seditious

acts are over,

I will retum. t...1 I did not come to fight

for the sake of sedition."
C.
12.

Return to Turkey and the United States

The investigation has established the following facts conceming Al-Jayab's activities

during approximately January 2014.

a)

On January 8,2014, Al-Jayab informed Individual O the border crossing with

Turkey was closed and he (Al-Jayab) remained in Aleppo.

b)

On January 9 and 13,2014, according to telephone toll records, the Syrian phone

number Al-Jayab providecl to Individual N (see paragraph 1i(h), above) was also in

r6

Accordirrg to open source infbrnation, the Free Syrian Army (FSA) was established in 201 I by Syrian
military def'ectors, and it lras since become an umbrella organization for various armed opposition groups fighting to
depose the Syrian regime of Bashar al-Assad. Elements of the FSA liave historically stated suppofi fbr secular
govcn)arlce in Syria.

t7

I believe "Doshkas" is a reference to the DShK lreavy machine guir. oi variani, con.ririonly i';ferred to
"dushka" ancl rvidell, used in the Syrian conflict.

l5

as

 contact with one of Al-Jayab's family members, who was then residing in Sacramento,

Califomia.

c)

On January 17,2014, Al-Jayab informed Individual P that he would "leave in two

hours [for Turkey]." Al-Jayab added, "Once I arrive in Turkey I will call you." Several
hours later that day, Al-Jayab's social media account was accessed tiom an IP address

which resolved to Turkey.

d)

Travel records confirm Al-Jayab returned to Sauamento, California via London,

United Kingdom and Los Angeles, Califomia on January 23,2014. Upon his return to
the United States, Al-Jayab's Customs Declaration Form made no mention of his travel to

Turkey and Syria; "Jordan," and "U.K." were the only entries in the "countries visited"
field.

e)

Materials gathered in the course of the investigation show that Al-Jayab made no

retbrence to visiting his grandmother during communications he exchanged with family

members or associates from mid-November 2013 to mid-January 2014.
/

D.

13.

USCIS and FBI Interviews

On July 29,2014, Al-Jayab was interviewed by USCIS in conjunction with his

application for adjustment of his immigration status. During that interview, Al-Jayab said that he
had traveled to Turkey and returned to the United States about six months earlier. Six months

before was January 2014.

14.

As outlined in paragraph 8, Al-Jayab was interviewed by USCIS a second time on

October 6,2014.

15.

On June 18, 2015, Al-Jayab voluntarily and without solicitation from the FBI, was

interviewed by FBI agents rbgarding problems he experienced at the airport when traveling.
During that interview Al-Jayab stated he had traveled to Turkey for a vacation. He denied
traveling to Syria.

l6

 16.

The tbregoing establishes probable cause to believe that Al-Jayab lied during his

interview with USCIS officers on October 6,2014. There is probable cause to believe that,
contrary to what he stated in the interview:

a)

Al-Jayab traveled to Syria and his travel was not conlined to Turkey and Britain

before returning to the United States.;

b)

he went to Turkey to get to Syria and for reasons other than to visit his

grandmother;

c)

he was a member of and assisted a rebel group, militia, or insurgent organization;

d)

he solicited membership for a terrorist group or organization and provided

material support to a person or group that engages in terrorist activity;

e)

he called for, helped with, or committed the

killing and intentional and

severe

injury of any person;

0
.

he was a member of a group in which he used or threatened to use a weapon

against any person; and

g)

he assisted in a group where other people used or threatened to use a weapon

against any person.

17.

Based on my training and experience as well as discussions with USCIS and Homeland

Security Investigations (HSI) personnel, Al-Jayab's statements were material to the
determination by USCIS of Al-Jayab's eligibility for immigration benefits. If Al-Jayab admitted
to being in Syria, USCIS would have asked additional questions and Al-Jayab's file may have
been subjected to further process.

If Al-Jayab admitted to supporting terrorist activities or a

terrorist group, Al-Jayab's refugee status may have been subject to termination. In addition,
intentional misstatements to USCIS, if proven, could negatively impact a refugee's ability to
remain in the United States and may subject the individual to removal proceedings or criminal
prosecution.

t1

 V. CONCLUSION

18.

Based on the foregoing,

I respectfully

assert that there is probable cause to believe

Aws

Mohammed Younis Al-Jayab knowingly and willfully provided and attempted to provide

materially false, fictitious, and fraudulent statements and representations in a matter within the

jurisdiction of a department or agency of the United States, specifically United States Citizenship
and Immigration Services, a component of the United States Department of Homeland Security,
and the offense involved international terrorism as defined in

Title

18, United States Code,

Section 2331, all in violation of Title 18, United States Code, Section 1001.

vI.

REQUEST FOR SEALING

19.

I further request

that the Court seal the arrest warrant, the affidavit, and the criminal

complaint in support thereof except that copies of the warrant in full or redacted fonn may be
maintained by the United States Attorney's Office and may be served on Special Agents and
other investigative and law enforcement officers of the Federal Bureau of Investigation, federally
deputized state and local law enforcernent officers, and other govenment and contract personnel

\
18

\

 acting under the supervision of such investigative or law enforcement officers, as necessary to
effectuate the warrant. These documents pertain to and discuss an ongoing crirninal

investigation that is neither public nor known to all the talgets of the investigation at this tiine.
Accordingly, there is good cause to seal these documents because their premature disclosure may
seriously jeopardize the investigation. Sealing these documents will also better ensure the safety

of agents and others.

EliZabeth Buckrniller
Special Agent, FBI

SUBSCRIBED and SWORN to before me

LTNITED STATES MAGISTRATE JUDGE

t9