Case 2:18-cv-00928-MJP Document 73 Filed 09/28/18 Page 1 of 5 The Honorable Marsha J. Pechman 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 12 13 14 YOLANY PADILLA, et al., 15 16 17 18 Plaintiffs, Case No. 18-cv-0928 MJP v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., DECLARATION OF YOLANY PADILLA Defendants. 19 20 21 22 23 24 I, Yolany Padilla, hereby declare: 1. I am over the age of eighteen. I am a plaintiff in Yolany PADILLA, et al. v. United States Immigration and Customs Enforcement, et al. 25 2. I understand that should the Court grant plaintiffs’ amended motion for class 26 27 28 certification, I would represent a large number of people seeking an injunction (which I have been told is a court order to stop something) against the federal government for its practices PADILLA DECL. - 1 Case No. 2:18-cv-0928-MJP NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite 400 Seattle, WA 98104 Telephone (206) 957- 8611 Case 2:18-cv-00928-MJP Document 73 Filed 09/28/18 Page 2 of 5 1 2 which have caused the prolonged detention of recently-arrived asylum seekers, including delays in credible fear interviews and bond hearings. 3 4 3. Specifically, I understand that this means that I and the other Plaintiffs are claiming that these practices by the federal government violate federal law, and I am acting on 5 behalf of many other people besides myself. I further understand that the people for whom I am 6 7 8 9 10 acting include those who will be subjected to these practices of the government’s policy in the future. 4. I understand that, as a class representative, I represent the interests of all class members in this lawsuit. 11 5. I understand that, as a class representative, it is my responsibility to represent the 12 13 14 15 interests of the class as a whole and not just my own personal interests. 6. I understand that a class representative has claims which are typical of members of the class. By typical, I understand that my claims against the defendants are like the claims of 16 the others because each of us was injured in a similar way and manner, as a result of the same 17 18 19 20 21 policy or practice. 7. I understand that my duty to be a class representative continues until the Court decides this case is no longer a class action, or the case is over. 8. I understand that, through my lawyers, I have a duty and responsibility to let class 22 members know about important events in the case. I understand that my attorneys and the Court 23 24 25 26 27 will let me know what those events are. 9. I understand that if and when the Court requires me to notify class members about important happenings in this case, my attorneys who represent me will prepare the notice and send it out. 28 PADILLA DECL. - 2 Case No. 2:18-cv-0928-MJP NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite 400 Seattle, WA 98104 Telephone (206) 957- 8611 Case 2:18-cv-00928-MJP Document 73 Filed 09/28/18 Page 3 of 5 1 2 3 4 10. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case. 11. I understand and accept that any resolution of the lawsuit, for example by settlement and dismissal, is subject to court approval and must be in the best interests of the class 5 as a whole. 6 7 12. I understand that a class representative is not required to be particularly 8 sophisticated or knowledgeable about the subject of the lawsuit. However, as class 9 representative I am interested, on a continuous basis, in the progress of the lawsuit, and will 10 make reasonable efforts to give my attorneys the information they need from me. 11 13. I understand that, by agreeing to become a class representative, I have a duty to 12 13 take steps to prosecute the case, which will happen through my lawyers. I know that I have to 14 provide information to my lawyers they feel is necessary for the case; give them documents I 15 have if it is required; testify at a deposition or trial if necessary; and let my attorneys know my 16 current whereabouts at all times for it may be necessary for my attorneys to contact me on very 17 18 19 20 21 short notice. 14. I understand that I am volunteering to represent many other people with similar claims. I believe it is important that all people who are or will be illegally subject to these practices, as I was, benefit from the lawsuit. Based on what I have been told, this class lawsuit 22 will save time, money, and effort. 23 24 25 I, Yolany Padilla, declare under penalty of perjury of the laws of the State of Washington and the 26 United States that the foregoing is true and correct to the best of my knowledge and belief. 27 28 PADILLA DECL. - 3 Case No. 2:18-cv-0928-MJP NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite 400 Seattle, WA 98104 Telephone (206) 957- 8611 Case Document 73 Filed 09/28/18 Page 4 of 5 Executed in mg? 311mm WA on September 2018. By: q?bm? Owib/b Y?olany Padilla PADILLA DECL, - 4 NORTHWEST IMMIGRANT RIGHTS PROJECT Case N0 615 Second Avenue, Suite 400 Seattle, WA 98104 Telephone (206) 957- 8611 Case Document 73 Filed 09/28/18 Page 5 of 5 CERTIFICATE OF INTERPRETATION I, Glenda M. Aldana Madrid, hereby certify that I interpreted the attached declaration into Spanish and read it to the declarant who indicated that she understood it and agreed to its contents. I ?lrther certify that I am competent in both English and Spanish to render and certify such interpretation. Dated this 27th day of September, 2018. a Glenda M. Aldana Madrid PADILLA DECL. 5 NORTHWEST IMMIGRANT RIGHTS PROJECT Case NO. 2: 1 8-CV-0928-M JP 615 Second Avenue, Suite 400 Seattle, WA 98104 Telephone (206) 957- 8611