Case 2:17-cv-00178-JLR Document 149 Filed 06/19/18 Page 1 of 5 1 The Honorable James L. Robart 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 Plaintiffs, 11 12 13 v. DONALD TRUMP, et al., 14 15 Defendants. JEWISH FAMILY SERVICES, et al., 16 17 18 CASE NO. C17-0178JLR JOHN DOE, et al., CASE NO. C17-1707JLR Plaintiffs, v. (RELATING TO CASE NO. C17-0178JLR) DONALD TRUMP, et al., 19 Defendants. 20 21 22 23 DECLARATION OF SOPHONIE BIZIMANA IN SUPPORT OF DOE PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS 24 25 26 DECL. OF SOPHONIE BIZIMANA IN SUPPORT OF DOE PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS (2:17-cv-00178-JLR) AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Avenue, Suite 630 Seattle, W ashington 98164 TELEPHONE: (206) 624-2184 KELLER ROHRBACK L.L.P. 1201 Third A venue, Sui te 3200 Seattle, W A 98101-3052 TELEPHONE: (206) 623-1900 FACSIMILE: (`206) 623-3384 Case 2:17-cv-00178-JLR Document 149 Filed 06/19/18 Page 2 of 5 1 2 3 Pursuant to 28 U.S.C. § 1746, I, Sophonie Bizimana, hereby declare and state: 1. My name is Sophonie Bizimana. I am a lawful permanent resident of the United 4 States. I am originally from the Democratic Republic of the Congo. I was 5 admitted to the United States as a refugee in 2014. 6 2. My wife and children were unable to obtain travel documents to accompany me 7 when I was admitted into the United States. I filed I-730 petitions for them to join 8 me after I arrived in the United States. 9 10 3. My I-730 petitions for my family were approved on July 2015. 4. Since then, my wife and children completed all of the steps in the I-730 follow-to- 11 join refugee screening process. They completed their interviews, security 12 clearances, and medical examinations. 13 14 15 5. Starting in October 2017, all I-730 petitions were suspended, and nothing happened with my case for approximately four months. 6. In February 2018, my wife and children were “assured” by the International 16 Rescue Committee (“IRC”) in Seattle, meaning that the IRC is handling their 17 resettlement to the United States and should prepare for their arrival. The 18 caseworker at the IRC told me to look for housing for them. To my knowledge, 19 all that my wife and children need now are their travel documents. 20 7. However, my family is living in Uganda, and until now the I-730 process has 21 been handled by the U.S. Embassy in Uganda. Now the U.S. government says that 22 their travel must go through the U.S. Embassy in Nairobi, Kenya. 23 24 8. Nairobi is over 400 miles away from Kampala, and it is in another country. Because my family are refugees in Uganda, and they cannot cross the border and 25 26 DECL. OF SOPHONIE BIZIMANA IN SUPPORT OF DOE PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS Page - 1 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Avenue, Suite 630 Seattle, W ashington 98164 TELEPHONE: (206) 624-2184 KELLER ROHRBACK L.L.P. 1201 Third A venue, Sui te 3200 Seattle, W A 98101-3052 TELEPHONE: (206) 623-1900 FACSIMILE: (`206) 623-3384 Case 2:17-cv-00178-JLR Document 149 Filed 06/19/18 Page 3 of 5 enter Kenya without travel papers. As I understand it, my family cannot obtain travel papers to go to Kenya unless the U.S. Embassy in Uganda makes a request 1 2 3 for such paperwork. To my knowledge, the U.S. Embassy in Uganda has not 4 made any such request or obtained travel papers for my family. an 9. I contacted the office of my U.S. Senator, Maria Cantwell. Her office made case is inquiry on my behalf, and the U.S. Embassy in Uganda responded that my 5 6 "currently being transferred to the U.S. Embassy in Nairobi/' See Ex. A. 7 when the case 10. My wife and children were only awaiting their travel documents 8 tely. was transferred to Nairobi. My family is effectively in limbo indefini 9 months, have now 1 1 . Their medical examinations, which are good for only six 10 II which does the expired. And the IOM (International Organization for Migration), 12 told them to wait medical examinations for the refugee admissions program, has 13 to reschedule them until we hear from the U.S. Embassy. 14 III 15 16 III and correct to the best of my I declare under penalty of perjury that the foregoing is true 17 knowledge. 18 gton. EXECUTED this 18th day of June, 2018, at Kirkland, Washin 19 20 21 ophoniefBizimana 22 23 24 25 26 DECL, OF SOPHONIE BIZIMANA IN SUPPORT OF DOE PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS Page - 2 AMERICAN CIVIL LIBERTIES UNION KELLER ROHRBACK L.L.P. OF WASHINGTON FOUNDATION 1201 Third Avenue, Suite 3200 Seattle, WA 98101-3052 TELEPHONE: (206) 623-1900 901 Fifth Avenue, Suite 630 Seattle. Washington 98164 TELEPHONE (206) 624-21 84 FACSIMILE: ('206) 623-3384 Case Document 149 Filed 06/19/18 Page 4 of 5 EXHIBIT A Case 2:17-cv-00178-JLR Document 149 Filed 06/19/18 Page 5 of 5 ELL CANTW MARIA U NITED STATES SENATOR FOR WASHINGTON Dear Mr. Bizimana, In response to my inquiry on your behalf, I have been in contact with and received the following information from the U. S. Embassy in Uganda: Thank youfor your email re: thefollow-to-join refugee petitionfiled by Sophonie Bizimana. This case is currently being transferred to the U.S. Embassy in Nairobi. As ofFebruary 1, 2018,follow-to-Join refugee case processing has been centralized at embassies or consulates offering immigrant visa services, or U.S. Citizenship andImmigration Service (USCIS) internationalfield offices. Since the U.S. Embassy Kampala offers only nonimmigrant visa services, allfollow-to-join refugee cases which were previously being handled in Kampala will beforwarded to USCIS Nairobi. Casesfrom Kampala will be transferred to Nairobi unless the beneficiary chooses another locationfrom among the posts offering immigrant visa services. Here are the Visa Issuing Posts in order to confirm whether an embassy or consulate nearest to the beneficiary's residence will process thefollow-to-join refugee case. Ifthe location provides "All" visa services, then the follow-to-join refugee case can be processed there. Locations marked only as "1VIV" will no longer processfollow-to-join refugee cases. Follow-to-join refugee beneficiaries may request to process their cases at another immigrant visa processing U.S. embassy or consulate other than Nairobi. Ifyour constituent would like to have her/his case transferred to a different embassy, consulate, or USCIS internationalfield office, then he/she will need to providejustificationfor the case transfer and show that the beneficiary(ies) can legally be present in the country while the case is being processed. The petitioner willfirst need to submit a request directly with the National Visa Center(NVC) through the Ask 1VVC online submissionform. The petitioner should select the "How can I request to have my interview scheduled at a different U.S. Embassy overseas?" in the question dropdown list. In the box entitled "Additional comments or questions not in the above list", the petitioner should include cijustificationfor requesting the different location and note that it is in regards to 'follow-to-join refugee centralization". USCIS Nairobi is in active discussions with their headquarters with regards to how they envision the rollout. We are not in position to schedule appointments on their behalf. We are at