Case 1:17-cv-00488-CBA Document 11 Filed 01/31/17 Page 1 of 3 PageID #: 123

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
SUHA AMIN ABDULLAH ABUSHAMMA,
Petitioner,
-againstDONALD TRUMP, President of the United
States; U.S. DEPARTMENT OF
HOMELAND SECURITY (“DHS”); U.S.
CUSTOMS AND BORDER PROTECTION
(“CBP”); JOHN KELLY, Secretary of DHS;
KEVIN K. MCALEENAN, Acting
Commissioner of CBP; and JAMES T.
MADDEN, New York Field Director, CBP,

No. 1:17-cv-00488-CBA

Respondents.

DECLARATION OF DAVID WOLFE LEOPOLD
I, David Wolfe Leopold, declare, pursuant to 28 U.S.C. § 1746 and subject to penalty of
perjury, that that following is true and correct:
1. My name is David Wolfe Leopold, and I am a member of the State Bar of Ohio. I am the
principal of Leopold & Associates Co., LPA. I have personal knowledge of the events
described herein, and could testify to them if called to do so.
2. My practice focus is immigration, visa and citizenship law and in that capacity I represent
Health Care Institutions including the Cleveland Clinic.
3. On Saturday January 28, 2017, at 5:33 pm Eastern Time I received a text to my iPhone
from an individual who identified herself as Suha Abushamma, a Sudanese physician at
the Cleveland Clinic.
4. I was expecting Dr. Abushamma to contact me. Several times prior to that I had been
contacted by individuals on her behalf including two Cleveland Clinic employees who

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were concerned about Dr. Abushamma and wanted me to represent her which I was
prepared to do.
5. I was able to text with Dr. Abushamma sporadically while she was being held but I was
never able to speak with her.
6. Dr. Abushamma texted me that she wanted to stay in the U.S. but that CBP officials had
told her that:
1. It not possible;
2. She must depart the U.S. that night; and
3. That her only option was to withdraw her application for admission or depart subject
to an order of Expedited Removal (she did not use these words but as an immigration
lawyer, I understood that to be the substance of what she was being told) .
7. I became alarmed that CBP officers appeared to be coercing Dr. Abushamma into
withdrawing her application for admission by threatening her with an order of Expedited
Removal pursuant to INA § 235 thereby subjecting her to a 5 year ground of
inadmissibility pursuant to INA § 212(a)(9)(A)(i); 8 U.S.C. § 1182(a)(9)(A)(i).
8. It was further clear to me that Dr. Abushamma was confused as to the nature of the
options being presented to her by CBP; at one point expressing apparent fear that if she
did not voluntarily depart the U.S. that evening CBP officers would use force;
9. I advised Dr. Abushamma via text to tell the CBP officers that:
1. She was represented by counsel;
2. Counsel were were working to file a habeas corpus petition on her behalf;
3. There was a hearing scheduled in the [Darweesh] case for approximately 7:30 PM ET
that evening; and

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4.

Her lawyer advises that they should not place her on the flight to Saudi Arabia
scheduled to depart at 8:30PM;

10. I advised Dr. Abushamma to give the CBP officers my name and telephone number.
11. At 6:48PM Dr. Abushamma texted me "I'm going. I don't have a choice" to which I
responded "You have a choice. They can't do this to you. We have a hearing in an hour."
12. At 6:52PM Dr. Abushamma texted, referring to CBP officers, "They said you have till
7:30." This was untrue, however.
13. At 6:58PM I asked Dr. Abushamma to offer the CBP officer, whom she identified as
Officer T. Lam, her cell phone and ask him to speak with me directly.
14. At 7:02PM she responded "He doesn't want too."
15. At 7:17PM Dr. Abushamma texted "I do not have the option to stay. They are NOT
giving me that option. It's leave voluntarily or by force that's all".
16. At no time did any CBP officer call me, speak to me or in any way initiate
communications with me. Nor was I allowed to speak with Dr. Abushamma. We were
communicating only through text.
17. At 8:25PM Dr. Abushamma texted, "I'm on the plane. Thanks David."
18.Pursuant to 28 U.S.C.

§ 1746, I hereby verify that the information contained herein is true

and correct to the best of my information and belief.

Executed this 31st day of January, 2017, at ShakerHei hts, Ohio.

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