Case 1:19-cv-00015-PLF Document 4-1 Filed 01/03/19 Page 1 of 63

EXHIBIT 1

(attached)

Exhibit 1

 Case Document 4-1 Filed 01/03/19 Page 2 of 63

 

Exhibit 1

Case 1:19-cv-00015-PLF Document 4-1 Filed 01/03/19 Page 3 of 63

EXHIBIT 2

(attached)

Exhibit 2

 Case Document 4-1 Filed 01/03/19 Page 4 of 63

 
 
 
   
 



1.11
~ae

   

Laura Pena, Attorney

I 3 Texas Civil Rights Project

1017W. Hackberry Avenue
. I l. (w 

I Alamo, Texas 78516

PROJECT camama

email: 

 

 

US. Department of Health and Human Services
Administration for Children Families, South Texas
Jose Gonzalez via email at jose.Gonzalez@acf.hhs.gov
Elsie Belvue via email at 

US. Customs and Border Protection

US. Department of Homeland Security

Lloyd Easterling via email at 110 b.dhs.0?ov
Teresa Brooks via email at teresambrooks (vcb .dhs.0?ov

 

 

US. Attorney for the Southern District of Texas
McAllen, Texas via email at usatxsatt @usdo'p?ov

 

November 5, 2018

The Texas Civil Rights Project (TCRP) continues to screen adult migrant defendants being
charged under 8 U.S.C, ss 1325 and 1326 to identify and monitor family separations occurring as a
result of the US Department of Justice?s ?zero tolerance? policy. In that capacity, TCRP intends to
send case specific communications when a parent seeks family reunification with a minor child or
children following the completion of criminal proceedings.

On November 5, 2018, TCRP interviewed
who seeks immediate reunification with his minor son and daughter following the
completion of his federal criminal sentence. TCRP respectfully requests that the government
immediately prioritize review of this request for family reunification.

Mumme?

COB: El Salvador
A No:
Docket No:

MinorName?

COB: El Salvador



Minor Name:
COB: El Salvador
DOB:

We respectfully request the appropriate U.S. agencies and DHS components investigate this
matter to ensure compliance with the Executive Order which requires agencies to ?maintain
custody of alien families during the pendency of any criminal improper entry or immigration
proceedings involving their members,? absent a risk to the child?s welfare. See Executive Order,
Affording Congress an Opportunity to Address Family Separation 2018 WL 3046068 (June

Exhibit 2

Case Document 4-1 Filed 01/03/19 Page 5 of 63

 
   

 

 

Laura Pc?a, Attorney

I Texas Civil Rights Project

. 1017W. HackberryAvenue
CIVIL RICH IS Alamo,Texas78516
Cell: 202-297'7808

email: 

20, 2018). Moreover, a federal injunction prohibits the US. government from separating parents
from their children, ?absent a determination that the parent is unfit or presents a danger to their
child,? and further requires the government to reunite parents with their children ?when the parent
is returned to immigration custody after their criminal proceedings conclude.? See Ms. 19.
Immigration 8 Customs Enft No. 18CV0428 DMS (MDD), 2018 WL 3129486, at *1 (SD. Cal.
June 26, 2018).

Additional information regarding the details of the family separation maybe provided via telephone
or in?person meeting. Please do not hesitate to reach out to us with any questions or concerns. We
stand ready to assist with immediate reunification.

Respectfully,



Laura Pe?a
Attorney
Texas Civil Rights Project

Exhibit 2

Case 1:19-cv-00015-PLF Document 4-1 Filed 01/03/19 Page 6 of 63

EXHIBIT 3

(attached)

Exhibit 3

 Case Document 4-1 Filed 01/03/19 Page 7 of 63

DECLARATION OF LAURA PENA

My name is Laura Pe?a. I am over 18 years of age, of sound mind, and capable of
making this certi?cation. The following facts are within my personal knowledge.

1. I am a licensed attorney (Texas State Bar No. 24085758) with the Texas Civil Rights
Project, a non-pro?t civil rights organization based in Texas. I have been practicing
immigration law for ?ve years, and am a former ICE trial attorney who practiced in Los
Angeles and San Diego.

2. Since early May, the Texas Civil Rights project has been committed to assisting families
who have been separated by DHS due to the ?zero tolerance? enforcement of
immigration laws. In that capacity, the Texas Civil Rights Project is representing-

as a legal advocate contesting the unlawful family separation that
occurred after the family entered the United States.

3. In that effort, on or about November 5, 2018, the Texas Civil Rights Project interviewed
- prior to his criminal prosecution hearing for illegal entry as part of our screenings
for unlawful family separations. During the interview, stated that he had been
separated from his . He said he
was afraid that his children would not be at the border patrol detention facility when he
returned after the criminal hearing.

 

4. On November 5, the Texas Civil Rights Project noti?ed DHS and OR about the
unlawful family separation. See enclosed noti?cation letter. To date, DHS has refused to
respond to the letter. However, ORR has cooperated in assisting to ?nd the location of the
children who are in a government shelter in Driscoll, Texas.

5. On November 15, I met with - at the Webb County Detention Center where he is
being detained by Immigration and Customs Enforcement. During that meeting,
shared additional details regarding the separation. He indicated that the border patrol
agent who processed his ?ngerprints accused him of being a member of the MS-13 gang.
- explained to the agent that he never had been a member of a gang, never had been
arrested, or convicted of any crime. He showed the agent his body which was free of
tattoos. He also presented a notice from the government of El Salvador stating he has no
criminal history.

6. During the November 15 meeting, - was visibly upset. He told me he was very
depressed about being separated from his children, and at that point he had not spoken
with them and did not know of their whereabouts. He was having difficulty sleeping and
eating.

7. The Texas Civil Rights Project has conducted our own investigation into the question of

gang affiliation. We have con?rmed that the government of El Salvador produced a
document indicating he has no criminal history. We have a photo of - at the beach

Exhibit 3

Case Document 4-1 Filed 01/03/19 Page 8 of 63

showing he has no tattoos. We have a letter from an employer indicating that he is of
good moral character. It is our organization?s belief that the DHS systems ?agged a
different individual by the name of?, and that the separation is due
to a mistaken error in identi?cation.

8. I met with - again on December 14, 2018 at the Webb County Detention Center.
During that meeting, he stated that he had been able to speak with his children on three
occasions since the separation nearly six weeks ago. He stated that his daughter cries a
lot, and they are very difficult phone calls. He stated that he continues to feel very upset
by the separation, and ?nds it dif?cult to focus on anything else. - cried frequently
during our meeting, and exhibited signs of exhaustion and depression.

9. During the meeting, I inquired why - did not have his immigration attorney present
during his credible fear interview. He stated that during his ?rst interview, he told the
of?cer he wanted his attorney present. That officer told him that he was going to schedule
a second interview with his attorney present. The of?cer told him there was only one
additional opportunity for an interview to have the attorney present.

10. Upon the commencement of the second asylum interview, - was of the belief that
the of?cer had scheduled the interview with his attorney. When he realized that the
officer had not contacted his attorney, he proceeded with the interview because he
believed it was his last opportunity to have the interview.

11. The harm that has been in?icted on this family is severe, traumatic, and ongoing. It has
impacted - ability to clearly focus on his asylum claim. The harm in these
situations rises to the level of vacating a negative credible fear ?nding. In at least one
prior family separation case, Immigration Judge Onyewuch vacated the asylum of?cer?s
negative credible fear ?nding because ?meaningful review [was] not possible? given the
circumstances of the family separation. See attached excerpt of the order.

12. It is my legal opinion that this family separation is a violation of the Executive Order
prohibiting family separations during pendency of immigration proceedings. It is also a
Violation of the federal injunction in Ms. vs. ICE, and our organization is working with
the ACLU lawyers to raise this case with the government. We are also preparing an
advisory to Judge Sabraw in the Ms. vs. ICE litigation to advise the court of the lack of
transparency in questionable family separation cases.

13. To date, DHS has not responded to the Texas Civil Rights Project request for information

regarding the reason for the family separation. Nor has the agency provided this
information to his immigration attorney of record, Ms. Sepulveda.

This certi?cation is made pursuant to 28 USC 1746. I certify under penalty of perjury that the
foregoing is true and correct.

Exhibit 3

Case Document 4-1 Filed 01/03/19 Page 9 of 63

Executed i anville, Texas, this 15th day of December, 2018.
L9

Laura Pe?a 

Exhibit 3

Case 1:19-cv-00015-PLF Document 4-1 Filed 01/03/19 Page 10 of 63

EXHIBIT 4

(attached)

Exhibit 4

 Case Document 4-1 Filed 01/03/19 Page 11 of 63

Law O?ice of Norma Sepulveda, PLLC
?Keeping Families Together?

 

December 22, 2018

Re: Request for Reconsideration

Dear Asylum Of?cer:

through undersigned counsel-

respectfully requests reconsideration of his negative credible fear ?nding based on Grace 
Whitaker.

took his credible fear interview on November 27, 2018, and

received a negative decision on November 30, 2018, based on a decision issued by AG Sessions in

 

Matter and resulting guidance, which effectively categorically denied domestic violence and

gang-related claims.

On December 19, 2018, in Grace 1). WlJz'ta/eer, Judge Emmet Sullivan struck down the policy
that put in place a categorical ban on domestic violence and gang-related claims as being contrary to the
Immigration and Nationality Act, the Refugee Act, and the Administrative Procedure Act. As part of
the injunction, the court ordered the government to bring plaintiffs who were wrongfully removed
under this policy back to the United States so that they can pursue their asylum claims. Also, each
plaintiff will receive a new credible fear interview. The court found key aspects ofSessions? decision in
Matter of A?B?,and related policy guidance with respect to expedited removal proceedings, unlawful.
(GRACE WHITAKER ORDER ATTACHED HERE).

Accordingly, based on this injunction,- requests a re?interview with an Asylum
Of?cer in accordance with Judge Sullivan?s order.

Sincerely,

Norma Sepulveda, Esq.
Attorney at Law

Enclosed: (1) 628,Notice of Entry of Appearance as Attorney or Accredited Representative .
(2) Grace Whitaker - Order, Copy

Exhibit 4

Case Document 4-1 Filed 01/03/19 Page 12 of 63

 

Department of Homeland Security

Notice of Entry of Appearanc-

as Attorney or Accredited Representative SCANNEB-28

OMB No. 16l5-0105
Expires 05/3 ?2021

 

 

 

Part 1. Information About Attorney or
Accredited Representative

 

 

Part 2. Eligibility Information for Attorney or

 

 

Accredited Representative

 

I. Online Account Number (if any)


 

 

Name of A ttorney or Accredited Representative

 

Family Name

 

 

 

 

(Last Name) [Sepulveda 
2.b. Given Name

(First Name) Norma
2.c. MiddleName  1

 

Address of Attorney or Accredited Representative

 

 

 

3.8. Street Number

andName Box 533517 
a a a 
3.c. City orTown [Harlingen 

 

3.d. StateEl 3.e. ZIP Code


3.f. Province 

3.g. Postal Code 

3.h. Country
1

Contact Information of A ttorney or A ccredited
Representative

 

 

 

4. Daytime Telephone Number
[9562304888

 

 

5. Mobile Telephone Number (if any)
[9562304739

 

6. Email Address (if any)

[nsepulveda@abogadanorma . com

 

4J4

 

7. Fax Number (if any)
[9562304739

 

Select all applicable items.

La. I am an attorney eligible to practice law in, and a
member in good standing of, the bar of the highest
courts of the following states, possessions, territories,
commonwealths. or the District of Columbia. If you
need extra space to complete this section, use the
space provided in Part 6. Additional Information.

Licensing Authority
[Eapreme Court of Texas 

 

 

Lb. Bar Number (if applicable)
[24072556 

 

 

l.c. I (select only one box) am not am
subject to any order suspending, enjoining, restraining,
disbarring. or otherwise restricting me in the practice of
law. If you are subject to any orders, use the space
provided in Part 6. Additional Information to provide
an explanation.

l.d. Name of Law Firm or Organization (if applicable)

 

[Law Office of Norma Sepulveda

 

2.a. I am an accredited representative of the following
quali?ed nonpro?t religious. charitable, social
service. or similar organization established in the
United States and recognized by the Department of
Justice in accordance with 8 FR part 1292.

2.b. Name of Recognized Organization

2.c. Date of Accreditation 

 

3. lam associated with



the attorney or accredited representative of record
who previously ?led Form G-28 in this case, and my
appearance as an attorney or accredited representative
for a limited purpose is at his or her request.

4.11. I am a law student or law graduate working under the
direct supervision of the attomey or accredited
representative of record on this form in accordance
with the requirements in 8 CFR 

4.b. Name of Law Student or Law Graduate

 

 

ann G-ZR 09/] 7? 8

1 

Exhibit 4

Case Document 4-1 Filed 01/03/19 Page 13 of 63

,0



 

Part 3. Notice of Appearance as Attorney or
Accredited Representative

 

 

 

lf you need extra space to complete this section, use the space
provided in Part 6. Additional Information.

This appearance relates to immigration matters before
(select only one box):

La. US. Citizenship and Immigration Services 

Lb. List the form numbers or speci?c matter in which
appearance is entered.



2.a. US immigration and Customs Enforcement (ICE)

 

2.b. List the speci?c matter in which appearance is entered.
Eetained Matters I

 

 

3.a. US. Customs and Border Protection (CBP)
3.b. List the speci?c matter in which appearance is entered.

4. Receipt Number (ifany)


 

 

 

5- I enter my appearance as an attorney or accredited
representative at the request of the (select only one box):

Applicant Petitioner Requestor
Bene?ciary/Derivative Respondent (ICE, CBP)

Information About Client (Applicant, Petitioner,

Requestor, Bene?ciary or Derivative, Respondent,

or Authorized Signaton for an Entity)

6.a. Family Name
(Last Name)

6.b. Given Name

6.c. Middle Name

 

Name of Entity (if applicable)

7

7.b. Title of Authorized Signatory for Entity (if applicable)



8. Client's USCIS Online Account Number (ifany)



9. Client?s Alien Registration Number (A-Number) (if any)


 

Client's Contact Information

10, Daytime Telephone Number

 

11. Mobile Telephone Number (ifany)

12. Email Address (if any)

I 

Mailing Address of Client

NOTE: Provide the client's mailing address. Do not provide
the business mailing address of the attomey or accredited
representative unless it serves as the safe mailing address on the
application or petition being ?led with this Form G-28.

13.51. Street NumberI .2 I I -
and Name '3 

13.1,. :1 Apt. St. 

l3.c. City or Town L1: 1e LATOCIVO 

1341. State l3.c. ZIP Code

l3.f. Province I

 

 

 

 

 

 

13.g. Postal Code I I

 

l3.h. Country
in? 

 

 

Part 4. Client's Consent to Representation and

 

 

Signature

 

Consent to Representation and Release of
Information

I have requested the representation of and consented to being
represented by the attomey or accredited representative named
in Part I. ofthis form. According to the Privacy Act of 1974
and US. Department of Homeland Security (DHS) policy, I
also consent to the disclosure to the named attorney or
accredited representative of any records pertaining to me that
appear in any system of records of ICE. or CBP.

 

Form G-28 09/17/18

Page 2 of 4

Exhibit 4

Case Document 4-1 Filed 01/03/19 Page 14 of 63

 

 

 

 

 

 

 

 

A

Part 4. Client's Consent to Representation and Part 5. Signature of Attorney or Accredited
Signature (continued) Representative
Options Regarding Receipt of USCIS Notices and have read and understand the regulations and conditions
Documents contained in 8 CFR l03.2 and 292 governing appearances and

representation before DHS. I declare under penalty of perjury
will send notices to both a represented party (the client) under the laws of the United States that the information I have
and his, her, or its attorney or accredited representative either provided on this form is true an correct.
through mall or electronic delivery. Will send all secure I. Signature ofAttgtiiey 9 ccredited Representative

 

identity documents and Travel Documents to the client's U.S.
mailing address. 

 



if you want to have notices and/or secure identity documents 1.b. Date of Signature (mm kid/WW) 
A

sent to your attorney or accredited representative of record rather

 

 

than to you, please select all applicable items below. You may 2.a. Signature of Law Student or Law Graduate
change these elections through written notice to 
La. I request that send original notices on an . .
application or petition to the business address of my 2-b- Date 0? Signature 
attorney or accredited representative as listed in this
form.

Lb. I request that send any secure identity
document (Permanent Resident Card, Employment
Authorization Document, or Travel Document) that 
receive to the US. business address of my attorney or
accredited representative (or to a designated military
or diplomatic address in a foreign country (if
pennitted)).

NOTE: lfyour notice contains Form l-94,
Arrival-Departure Record, will send the
notice to the US. business address of your attorney
or accredited representative. if you would rather
have your Form l-94 sent directly to you, select
Item Number Le.

Lee. I request that send my notice containing Form
[-94 to me at my US. mailing address.

Signature of Client or Authorized Signatotyfor an
Entity

 

 

l-?nrm (1.79 Pam- 

Exhibit 4

Case Document 4-1 Filed 01/03/19 Page 15 of 63

Case Document 105 Filed 12/19/18 Page 1 of 6

UNITED STATES DISTRICT couRT
FOR THE DISTRICT or COLUMBIA

 

GRACE, et al.,

Plaintiffs,
v.

MATTHEW G. WHITAKER, Acting
Attorney General of the United
States, et al.,

No. (EGS)

Defendants.

 

MR

The Court has considered the parties? cross-motions for
summary judgment, the memoranda and exhibits in support thereof,
and the briefs in opposition thereto; plaintiffs? motion to
consider extra-record evidence, defendants? motion to strike
plaintiffs? extra-record evidence, and the memoranda in support
or in opposition thereto; oral argument; and the entire record
in this action.

Accordingly, and consistent with the accompanying
Memorandum Opinion, the Court hereby GRANTS IN PART and DENIES
IN PART plaintiffs? cross?motion for summary judgment, and
GRANTS IN PART and DENIES IN PART defendants? motion for summary
judgment.

This Court hereby:

1.DECLARES that the following credible fear policies
contained in Matter of 27 I. N. Dec. 316 (A.G.

Exhibit 4

Case Document 4-1 Filed 01/03/19 Page 16 of 63

Case Document 105 Filed 12/19/18 Page 2 of 6

2018), the USCIS Policy Memorandum, Guidance for
Processing Reasonable Fear, Credible Fear, Asylum, and
Refugee Claims in Accordance with Matter of A-B-, July
11, 2018 (PM-602-0162) (hereinafter ?Policy Memorandum?),
and/or the Asylum Division Interim Guidance Matter of
27 I. N. Dec. 316 (A.G. 2018) (?Interim
Guidance?), and challenged by plaintiffs, are arbitrary,
capricious, and in violation of the immigration laws
insofar as those policies are applied in credible fear
proceedings:

a.The general rule against credible fear claims
relating to domestic and gang violence. See Matter
of A-B-, 27 I. N. Dec. at 320 n.1; Policy
Memorandum, ECF No. 100 at 9, 12?13.

b.The requirement that a noncitizen whose credible
fear claim involves non?governmental persecutors
?show the government condoned the private actions or
at least demonstrated a complete helplessness to
protect the victim.? Matter of 27 I. N. at
337; Policy Memoranduml3;
Interim Guidance.

c.The Policy Memorandum?s rule that domestic violence-
based particular social group definitions that
include ?inability to leave? a relationship are
impermissibly circular and therefore not cognizable
in credible fear proceedings. Policy Memorandum, ECF
No. 100 at 8.

d.The Policy Memorandum?s requirement that, during the
credible fear stage, individuals claiming credible
fear must delineate or identify any particular
social group in order to satisfy credible fear based
on the particular social group protected ground.
Policy Memorandum, ECF No. 100 at 6, 12.

e.The Policy Memorandum?s directive that asylum
officers conducting credible fear interviews should
apply federal circuit court case law only ?to the
extent that those cases are not inconsistent with
Matter of Policy Memorandum, ECF No. 100 at
11.

f.The Policy Memorandum?s directive that asylum
officers conducting credible fear interviews should

Exhibit 4

Case Document 4-1 Filed 01/03/19 Page 17 of 63

2.

3.

Case Document 105 Filed 12/19/18 Page 3 of 6

apply only the case law of ?the circuit where the
alien is physically located during the credible fear
interview.? Policy Memorandum, ECF No. 100 at 11?
12.

VACAIES each of the credible fear policies specified
in paragraphs 1.a. through 1.f. above. Accordingly,
the Court PERMENENTLY ENJOINS defendants and their
agents from applying these policies with respect to
credible fear determinations, credible fear
interviews, or credible fear review hearings issued
or conducted by asylum officers or immigration
judges. Defendants shall provide written guidance or
instructions to all asylum officers and immigration
judges whose duties include issuing or conducting
credible fear determinations, credible fear
interviews, or credible fear review hearings,
communicating that each of the credible fear
policies specified in paragraphs 1.a. through 1.f.
are vacated and enjoined and therefore shall not be
applied to any such credible fear proceedings.

VACATES the negative credible fear determinations and any
expedited removal orders issued to each plaintiff.

.PERMANENTLY ENJOINS defendants from removing any

plaintiffs currently in the United States without first
providing each of them a new credible fear process
consistent with the Court?s Memorandum Opinion and free
from the unlawful policies enumerated in paragraphs 1.a.
through 1.f. above or, in the alternative, full
immigration court removal proceedings pursuant to 8
U.S.C. 1229a. To ensure compliance with this
injunction, any new credible fear process provided
pursuant to this paragraph shall be accompanied by a
written record consistent with 8 U.S.C. 


.FURTHER ORDERS defendants to bring back into the United

States, at no expense to plaintiffs, any plaintiff who
has been removed pursuant to an expedited removal order
prior to this Order and parole them into the United
States, and provide each of them a new credible fear
process consistent with the Court's Memorandum Opinion
and free from the unlawful policies enumerated in
paragraphs 1.a. through 1.f. above or, in the
alternative, full immigration court removal proceedings

Exhibit 4

Case Document 4-1 Filed 01/03/19 Page 18 of 63

Case Document 105 Filed 12/19/18 Page 4 of 6

pursuant to 8 U.S.C. 1229a. To facilitate such
plaintiffs' return to the United States, defendants shall
meet and confer with plaintiffs? counsel within 7 days to
develop a schedule and plan to carry out this portion of
the injunction. To ensure compliance with this
injunction, any new credible fear process provided
pursuant to this paragraph shall be accompanied by a
written record consistent with 8 U.S.C. 
Defendants shall work in good faith
to carry out the relief ordered in this paragraph and
shall communicate periodically with plaintiffs' counsel
until the relief ordered in this paragraph is completed.

6.FURIHER ORDERS defendants to provide the plaintiffs,
within 10 days of this Order, with a status report
detailing any steps defendants have taken to comply with
this injunction, including copies of all guidance and
instructions sent to asylum officers and immigration
judges pursuant to paragraph 2 above. Within 30 days and
60 days of this Order, defendants shall provide
plaintiffs with a status report detailing any subsequent
steps taken to comply with this injunction in the time
period since the last report, including copies of all
guidance and instructions sent to asylum officers and
immigration judges pursuant to paragraph 2 above during
that time frame.
The Court GRANTS plaintiffs? cross?motion for summary

judgment as to their Administrative Procedure Act,

Immigration and Nationality Act, and Refugee Act challenges

concerning each of the policies enumerated in paragraphs

1.a. through 1.f. above, and defendants? motion for summary

judgment is DENIED as to these same claims. The Court

DENIES plaintiffs? cross-motion for summary judgment as to

their challenges concerning nexus and discretion, and

defendants? motion for summary judgment is GRANTED as to

these same claims.

Exhibit 4

Case Document 4-1 Filed 01/03/19 Page 19 of 63

Case Document 105 Filed 12/19/18 Page 5 of 6

Furthermore, consistent with the accompanying
Memorandum Opinion, the Court GRANTS plaintiffs' motion to
consider extra record evidence with respect to evidence
relevant to plaintiffs? contentions that the government
deviated from prior policies, as well as evidence relevant
to plaintiffs? request for injunctive relief. Accordingly,
the following evidence submitted by plaintiffs is admitted
into the record, and defendants? motion to strike is DENIED
with respect to this same evidence: Decl. of Sarah Mujahid
(?Mujahid ECF No. 10-3, Exs. Second Decl. of
Sarah Mujahid (?Second Mujahid ECF No. 64-4, Exs.
1-3; ECF Nos. 12?1 to 12-9 (filed under seal); Mujahid
Decl., ECF No. 10-3, Exs. Sec0nd Mujahid Decl., ECF
No. 64-4, Exs. 10-13; Joint Decl. of Shannon 
Walsh, Cecilia Menjivar, and Harry Vanden (?Honduras
ECF No. 64-6; Joint Decl. of Cecilia Menjivar,
Gabriela Torres, and Harry Vanden (?Guatemala ECF
No. 64-7; Joint Decl. of Cecilia Menjivar and Harry Vanden
(?El Salvador ECF No. 64-8.

Because the Court has declined to consider plaintiffs?
due process claim, the Court GRANTS defendants? motion to
strike with respect to evidence relating to plaintiffs? due
process claim. Accordingly, the Court will not consider the

following documents relating to plaintiffs? due process

Exhibit 4

Case Document 4-1 Filed 01/03/19 Page 20 of 63

Case Document 105 Filed 12/19/18 Page 6 0f 6

claim: Second Mujahid Decl., ECF No. 64?4, Exs. 4?7, 8?9,
14-17, and ECF No. 64-5; and Mujahid Decl., ECF No. 10-3,
Exs. R-T. Plaintiffs? motion to consider extra-record
evidence as to these same documents is DENIED without
prejudice.

The Court also GRANTS defendants? motion to strike
with respect to the Decl. of Rebecca Jamil and Decl. of
Ethan Nasr, and plaintiffs? evidence motion is DENIED as to
these same documents.

SO ORDERED.
Signed: Emmet G. Sullivan

United States District
December 19, 2018

Exhibit 4

Case 1:19-cv-00015-PLF Document 4-1 Filed 01/03/19 Page 21 of 63

EXHIBIT 5

(attached)

Exhibit 5

 Case Document 4-1 Filed 01/03/19 Page 22 of 63

MINISTERIO DE JUSTICIA SEUUHIHAH It!1
I 


DIRECCION GENERAL DE 

. nu
Hutu um In .,

. .- 
y_1umuu1m


Amecedeme N0

El Infraacr?o Encarg?do do la Sucursal de Panama 
General de Cenlms Penaloa 

do Arman. 
Que el(a), senor(a)(rlla)?
ponador de su Documento de 
de anos de edad. estadn lemma. 
1min:

o?cuo Empleado 
Depanamento de 

Departamento de San Salvadm . huma) (1e

 

 

 

 

 

 

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NL) Tll:Nl Mal-x 1n):

 

de
de antecedentes penales para tranme
segan el Registro que esta Dueccic?m Neva,
Condenatoria Ejecutoriada en su conua por 1m 

v. asolicnudde? 
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extiende la presente en San Salvador, 8 I05 
del ano dos mil 9199119

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de Octubre




Cue. ROLANDO ANTV T. 
ENCARGADO INTERINO DE su 
DE ARMAS - 

MN ANUI A PHI- 5! NH .HMI Hm

Exhibit 5

Case Document 4-1 Filed 01/03/19 Page 23 of 63

[Logo MINISTRY OF JUSTICE AND PUBLIC SAFETY SAI VADOR [illegible]
GENERAL DIRECTORATE OF CRIMINAL CENTERS

HSMR
nu?- 1.91 til/A1918 m. 

COST S300
(THREE 

Record No now No -

The Undersigned Head of the Criminal Records Branch of the Weapons Registry, General Directorate of Criminal
Centers, Certifies:

that Mr 
holder of ID 

.years old, xtatus: married,

employed, natlve of San Salvador.

Department of San Salvador, domiciled 
Department of San Salvador, the -,on ot?
and ot_, who request? a ter'trItcate of criminal record for EMPLOYMENI 

atCordmg to the regrxter kept by thr? he DOES NOT have a crimrnal rerord Indicating; on any
charge of havmg committed a crime

And, at the request of document In San Salvador, on the

nineteenth day of Ortobor, two thoumnd eighteen

[Signature] [Illegrhle seal}

LIC. ROLANDO ANTONIO RODRIGUEZ TORRES
INTERIM HEAD OF THE WEAPONS REGISTRY DIVISION

VOID ll AMENDED IN ANY WAY

I. \Iathieu lxki. to tr?anxlate trom \?panixh tel nelixlt. hereh) eertil'} that lam competent to
tranxlale the attached criminal record eer'ltl'reate Item Spanixlt to Itelixlt and Ita\e it hill} and
acettl?atel). I ha\e Il'illhIlIICtI it en 1 I ltll?). I can lte r?eaehetl at fl \Iatliwu York. 
er email at mprv} ls) lxki .I com.

??11 

 

Exhibit 5

Case 1:19-cv-00015-PLF Document 4-1 Filed 01/03/19 Page 24 of 63

EXHIBIT 6

(attached)

Exhibit 6

 Case Document 4-1 Filed 01/03/19 Page 25 of 63

DISENO, S.A. DE C.V. TEL.: 2271-0218
17a Av. Norte 324 FAX: 2221-0178
San Salvador

E-MAIL: info@diseno.com.sv

dise?o

A QUIEN INTERESE:

poa ESTE memo HACEMOS cowsma QUE EL. 

TRABAJO PARA ESTA EMPRESA DESDE EL 1 DE ENERO DE 2005 HASTA EL 15 DE OCTUBRE
DE 2018, TIEMPO DURANTE EL CUAL OCUPO EL CARGO DE VENDEDEDOR DE MOSTRADOR 
POSTERIORMENTE ENCARGADO DE BODEGA, CARGOS QUE DESEMPENO CON MUCHA
EFICIENCIA.

DURANTE EL TIEMPO QUE EL NOSOTROS, SIEMPRE
DEMOSTRO RESPONSABILIDAD EN sus OBLIGACIONES, HONESTIDAD, HONRADEZ, BUENA
CONDUCTA, RESPETO A sus JEFES POR LO QUE PODEMOS AFIRMAR QUE
ES UNA PERSONA DE NUESTRA CONFIANZA.

PARA LOS USOS QUE ESTIME CONVENIENTES, LE EXTENDEMOS LA CONSTANCIA EN SAN
SALVADOR, EL DIA 12 DE NOVIEMBRE DE 2018.

ATENTAMENTE, POR DISENO, S.A. DE C.V.



LIC.CLAUD MA ARODRIGUEZ
CONT OR GENERAL

mania, 5A a: c.v.

Exhibit 6

Case Document 4-1 Filed 01/03/19 Page 26 of 63

 

 

DISENO, SA. DE C.V. TEL: 2271?0218
17" Av. Norte I: 324 FAX: 2221-0178
San Salvador
[Logoz Diseno] Email: info@diseno.com.sv

TO WHOM IT MAY CONCERN,

IT IS HEREBY CERTIFIED WORKED FOR THIS COMPANY

FROM JANUARY 1, 2005 TO OCTOBER 15, 2018 AS A COUNTER SALESMAN AND THEN AS A WAREHOUSE
MANAGER, AND THAT HE PERFORMED WITH GREAT EFFICIENCY.

DURING HIS TIME WITH OUR COMPANY, - - - ALWAYS DEMONSTRATED
RESPONSIBILITY WHEN PERFORMING HIS DUTIES, HONESTY, INTEGRITY AND GOOD BEHAVIOR TOWARDS
HIS SUPERVISORS AND CO-WORKERS. THEREFORE, WE CAN CONFIRM THAT HE IS A TRUSTWORTHY
PERSON.

THIS CERTIFICATE IS ISSUED FOR ALL INTENTS AND PURPOSES IN SAN SALVADOR ON THE 12VH DAY OF
NOVEMBER, 2018.

SINCERELY, ON BEHALF OF DISENO, S.A. DE CVI

[Signature]
LIC. CLAUDIA MARIA RODRIGUEZ
GENERAL ACCOUNTANT
DISENO, S.A. DE C.V.

I. \Iulhieu kai. eerlil?Ied In \?punixh In I nglixh. eerlil} lhal I am emnpelenl Io
eerlilTenle linglixh 21nd lune iI :Ind
I hm translated it on I 3 he reached TI Madison .\\enue. \?eu York. 
or email all Inprl} Iski ll 



 

 

Exhibit 6

Case 1:19-cv-00015-PLF Document 4-1 Filed 01/03/19 Page 27 of 63

EXHIBIT 7

(attached)

Exhibit 7

 Case Document 4-1 Filed 01/03/19 Page 28 of 63

Record ol?Negative Credible Fer
and Request For Review by lmmigra

S. department of Homeland Security
and Immigration Sen-tees

11' Finding
ion Judge

 

.\lien File Number:
I.

.S. (?itiyenship and Immigration Sen ices (l has determined that you do not ha\e a credible t'ear ot'persecutiont
pursuant to 3tt8.3tl for the l'ollou'ing reasmus):



To be explained to the alien by the asylum of?cer:

You hate not established a credible fear ol'persecutirm in your country ol'nationality'. country ol'last habitual 

country to which yott have been ordered removed because:

You ha\e not indicated that you were harmed in the past and you ha\c not expressed fear of litturc harm.

There is no signi?cant possibility that you could establish in a Full -aring that the harm yott experienced:
you t'ear is on account ot?y'our religion. nationality. political opinion. or membership in a particular st

[3 You have not indicated that you ere harmed in the past. and there is no signi?cant possibility that you co
a lull hearing that the harm you l'car is well l'ounded.

I here is no signi?cant possibility that you could establish in a lull hearing that the harm you 
sul'liciently? serious to amount to persecution.

Ci there is no signi?cant possibility that you could establish in a lull hearing tltat the entity that harmed _\Utlt

you an agent ol?the or an entity the gmernment ?as/is unable or unuilling to control.



You have not established a credible l'car ol'torture in a country to which you have been ordered removed bccatt
established that there is a signi?cant possibility that:
You uould sul'lcr se\ ere physical or mental pain or suffering.

The hartn you l'ear ?(mid be speci?cally intended to inllict severe physical or mental pain or sul?l?ering.

?l'he harm you l'ear ?ould be indicted by or at the instigation ot?. or \tith the consent or acquiescence of. a 

or other person acting in an of?cial capacity.
the harm you l'car ?ould be intlictcd ?bile you are in the custody or physical control ol'the 

The harm you l'ear would not arise only limit. would not be ittltercnt in. and would not be incidental to. Ian

13.13

('onsidering the totality ot'the circumstances and all relevant factors. you have not established that your testinn

lhercl'orc. you are ordered removed from l'nitcd States. You may request that an Immigration Judge in this 

?you request that an lmmigration Judge l'C\ this decision. you uill remain in detention until an lmtnigratitm Judge rt

case. hat on ie\\ could occur as long as 7 day alter you receiye this decision.
lt?you do not request that an Immigration .ludgc ret iety the decision. you may be remoyed Ii'om the United States immed
1



To be completed by the alien:

Yes. I request Immigration Judge review ol'thc decision that I do not lime a credible tear of persecution or torture.

No. I tlo not request immigration Judge review ol?the decision that I do not lune acredihlc 'persceution or

 
 
   

.t\l Nam." .tvutlx tl?natt \pphcant's l?na Nametl'uzut

lenis

?uyluxn I ltiicet I Name (I?mtt',

L3. 0_ 2.018

)ai 

l_"hoenieia

.\syiant ?ll-text? us: .?s'Jnte tl?rriiti

'l he contents ol'thh? t'oau \xete lead and to the applicant in the ?ying]; language

lnte:;1ctei used

telephone interpreter -cc fl!) numb:r used 

In person I.
accurately to the allcn 

that lam ducut both the and net-uh 

lnterptetcr's Date

I Ittleltuctt'd the mlouaalmn 

l' 

:sidence. or a

nd-?or the harm
eial group.
ild establish in

t'ear ?as is

uould harm

you hate not

tblie ol'licial

l'ul sanctions.

1y is credible.

sittl'l.

ieus your

alely.

torture.

.o?d

i? I't

 

Exhibit 7

Case Document 4-1 Filed 01/03/19 Page 29 of 63

o. s. beginner? orllotnelantl Security Notice of Referral to immigratit

Judge

 

MB 2018

 



 

Country ofCitlun-blp

?m 

lil Salvador

 

Place and Manner of
Arrlval

Date of A rrlval

Unknown Location: [Entered Without inspection I 1/02120l8

 

 

 

 

To immigration judge:

l. The above-named alien has been found inadmissible to the United States and ordered removed under section 23!
Immigration and Nationality Act (Act). A copy of the removal order is attached. The alien has requested asylum or
the Convention against 'l'onurc. An asylum ol?liccr'has reviewed the matter and concluded that the alien does not ht
ot'persecution or torture. The alien has requested a review of that determination in accordance with section 235(bThe aboveonamed alien arrived in the United States as a stow-away and has been ordered removed under section
Act. The alien has requested asylum or withholding ofrcmoval under the Convention against Tenure. An asylum 0

(hit I ol'tltc
anueetion under
ve a credible I'car
ol?

235talt2) ol?tlte
l'liccr has

reviewed the matter and concluded that the alien does not have a credible fear ofpersecution or torture. The alien has requested a

review of that determination in accordance with section 235(bli Oflhc ACI-

3. The above-named alien arrived in the United States in the manner dcserihcd below and has requested asylum or
removal under the Convention against Torture. The matter is referred for a determination in accordance with 8 CF 
Arrival category {check one):

withholding of



[j 
VWP/applicant VWP/violator
235(c) order S-visa nonimmigrant Stowaway: credible tear dctermindtion attached

4. The show-named alien has been ordered removed by an immigration ofliecr under section 235(b)( )ot?thc Act.

A copy 0 l' the

removal order is attached. In accordance with section 235(b)( of the Act. the matter is referred for review of that order. The

above-named alien claims to he (check one):
a United States citizen
an alien granted refugee status under section 207 of the Act

a lawlitl permanent resident alien
El
CI 5. The above-named alien has been ordered removed under section 238(b) of the Act. or the Department ol'Homcl
l8) has reinstated a prior exclusion. deportation. or removal order ol'thc above-named alien under section 241(a
copy of the removal order and. il?applicabie. the notice are attached. The alien has expressed I'cart
tenure. An asylum o?iccr has reviewed the claim and concluded that the alien does not have a reasonable fear of pr
torture. The alien has requested a review of that determination in accordance with 8 and 

6. The above-named alien has been ordered removed under section 238( b) ol? the Act. or the DHS has reinstated a 
deportation. or removal order of the abovc~named alien under section 24 ol'thc Act. A copy of the removal 0
applicable. the notice of reinstatement. are attached. The alien has expressed tear of persecution or tenure. An asyiu
reviewed the claim and concluded that the alien has a reasonable fear of persecution or torture. The matter has been
determination in accordance with 8 208.3 

7. The Secretary of Homeland Security has determined that the release from custody ofthc above-named alien who
order of removal would pose a special danger to the public according to the standards set in 8 0-11 24 I .l-lmt I).
therefore invoked procedures to continue the alien?s detention even though there is no signi?cant likelihood that th
removed from the United States in the reasonably foreseeable future. The matter is referred to the immigrationjudg
this determination in accordance with 8 CFR 24 I 

Page i ol'Z
Form tar.

an alien granted asylum under section 201

ol?thc Act

ad Security
(5) ol'thc Act. A

if persecution or
:rsccution or

rior exclusion.
rder and. if
o?lcer has

for a

is under a ?nal
DHS has

alien will be
for a review of

(Rev tm

 

Exhibit 7

Case Document 4-1 Filed 01/03/19 Page 30 of 63

u. s. of Scrurltv Notice of Referral to lnnuigruti

.l udgc

 

 

NOTICE TO APPLICANT
You are ordered to rcport for a hearing hclilrc an immigration judge for the reasons stated above. Your ltcaring is 

'l'o Dutcnnincd
t?rt_s_n_5)

'I'o Bc at

4min)

San Antonio Sill) Dolorosal Street. Suite 300. San Antonio. TX 78207
I Complete nl?re addneul

You arc to uppcar at

You may he in this proceeding. at no expense to the government. by an attorney or other individual not
quali?ed to represent persons before an Immigration Court. ?ish to he so represented. ,tour attornL?} or 
appear with you at this hearing. In the event of your release l'rom custody. you must immcdiutcly report any changt
to the Immigration (?ourt on Form l?t )ll{~33. ?inch is idcd \\ith this notice. ll'you tail to appcar for a 
tlccision may he in )our 

You may consult with a person or persons ot'wur own choosing prior to your appearance in Immigration Court. 
at no to gm and ma) not unrcusonahly dcla} process.

Attached is a list ol'rccogni/cd orgnni/ations and uttornc}s that provide l'rcc legal scnicc.



Slmu15911

 

ulcd on

lul'i?lL'ti and
suntntit should
- ol? your address
I Itcaring. .1

iclt consultation is

 

 

not! uI crr)
CERTIFICATE OF SERVICE
The ol'tltis notice new read and explained to the applicant in the tanisit Iatth age.
The original ot'this noticc was to the above-named applicant by the undersigned and tc alicn has 

adx-iscd of communication privileges undcr It Delivery was mudc:

in person h) ccrtilicd 

With

Immigratl

 

 
        

.
amt-n)

I (Signature 

tr
undlm

Attachments to copy presented to judge:

l'osx'pon l-utm L360
\?Isu Form i-Hta"
I turn MI lotto mm
documcut nualym Asylum Union's tea would: tc-tv ?01leth
and photographs lum ol?ccr's crrduhlc {ch (I-
tout-33

Hill 8 IJIJJIO ('Ahl?s (NIX: ??nusi ?mtgnu-nt Including zunumn nt'thc inst: for Ila.- In minim-c .xln'
and Jesmunon oftlt: cudcucc on to spectully tlunumms tunh supporting thicumcnt- 

8 ELI-ND CASES ONLY: advising the alien of initiation and informing ultcn ol gm'cmt
ltcasrmahlc (.?uusc at It 1-H l-ltlt)
Nom

U??l'dyuail
on Analyst

. mom 

on;

I 1: 1h.-

 

l'agt' 2 of}

Ito-In 

.1 tail ?tor,

 

Exhibit 7

Case Document 4-1 Filed 01/03/19 Page Evan
"aanoL9NuW~ - . - - J3.
iaqugtA?noltmpimml 11., IV

. 

.

 

Exhibit 7

 

Case Document 4-1 Filed 01/03/19 Page 32 of 63

a? 

I .s. Departmenl otllomeland Security Notice and Order of Expedited Removal


 

 

DETERMINATION OF INADMISSIBILITY Event


I?ilc Nazi?

04, 2018

In the Mutter .. 

Pursuant to section 23Stb)( I of the Immigration and Nationality Act (Act). U.S.C. the
Department of Homeland Security has determined that you are inadmissible to the United States under
section(s)212(a) El [El 
of the Act. as amended. and therefore are subject to removal. in that:

1. You are not a citizen or: national of the United States;

2. You are a native of EL SALVADOR and citizen of EL SALVADOR 
3. You are an Susanne not in possession ot' a valid unexpired visa, reentry
permit, border crossing card, or other velxd entry document required by the 
and Nationality Act;

RAUL R. RAMIREZ


 

 

NJ
Name and title of oll'rcel Strays-l"immigration t-liicet

 

ORDER OF REMOVAL
UNDER SECTION 135(b)(l) OF THE ACT

Based upon the determination set forth above and evidence presented during inspection or examinattiot pursuant
to section 235 of the Act. and by the authority contained in section 235(b)t l) of the Act. you are found to he
inadmissible as charged and ordered removed from the United States.

 

Vain: and title ut'tmmugtalxmt otheet [Putin Stetutute ol' ?Elie."

 

 

\?mtc and title of serum not Sogtutute nt?suwn our. II 
heck here if supen isory concurrence was obtained by telephone or other means (no supervisor on dot} 

 

CERTIFICATE OF SERVICE

I personally served the original of this notice upon the abm e-natned person on . 

I I hit?'-

 

Signature ol't'tser ..

 

 

 

qul-X?ntke- 

 

 

Exhibit 7

Case Document 4-1 Filed 01/03/19 Page 33 of 63

U.S. Department ofJustice
Executive Of?ce for Immigration Rmicw
Immit'rrllimr Cr'urr



ll?you move or ehtergc your phone number. the law requires to ?le this Change of [\ddrexs Form with the Immigration (Sou: You
form within the (51 parking days ofa change in your addrc?. or phone number. You ?ill only receive noti?cation as to the tilt c. .late.
hearing or other of?cial correipon lence .n the :Itltil?t.? \vnich yau provide. Changes in address or telephone numbers e; 

except this form. pleadings. n'otinn pain-rs. lt-r-c-c. telephone calls. applicatinm for relief. etc. will n.=t he recogni 1a: and

information and recent will rurnnir? unchanrcd.

135-0004

Alien?s Change of Address: 

Immigration Court



nust tilt: this
:an place of
ugh any rncam
1c address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    
 

 

 

 

 

 

 

 

Failure to npiicgri twtten: noticeot?thnt heuringorothcr o?icialdnq?mnk cepi ?ose?rved on .
you oi-scnt tri?them,? . Jerro?yi?esri t?tr.? actions: I 3
.Ifyoumem1alnzottj-?_ . .. ttfc-i ti tame! )nt'tmit
mammarutlmocdugs LJMLIIJIWE Estates-.11 ?zttitititn-de lust .-
Your hearing; may i? - P1. 19m Itafrrg maybe .t'etd your absence {and at sion' athuUnited
under Section: 2913 01" the innin?nn c?tiiti?rm of the Immigration mid States that he :o?rzid ref .wit drawn, and
and Nationality Act (INA), .an tin .?utic'mlir .Act (NA) (1995). mtd'onotder your- hearing tr .3 be cl; in! our absence
of removal mzy' "to canned 3mm! you. of diport air may bc- ignih?tym _ond at; Order it hit. Iu' is: an: damnation
bccornc liflg' gfor maytieoome ineligible for cntmii rigrm jnti. 
tho om am, up fatty mg forms of'mlte! from dcporta- . .- 
forapc?odof aIttro" .noc't'o: 
- entry ofthc?tinalf?rrim . :1 . '.r:ti ett'r . 
3m u?s run/(trial. If? ?it: my th': 
l'n Secujqn at}; . on 242(b3arthemA (1995). - :2
grammar; iixuygt ?it? sister: of Detonatmn orVot- :3
forin :cLurt; 40A'ofth?t 5:72;" for in 
095mm?orc whiten 
Status asp-tit cdfn'mtacuo? 5f? riding; 
. 
. 7 a It.? I J8,or249q tthNA(199$) .5. ff 

 

 

 

 

 

 

 

I Name:

Alien Number: A

 

 

("tr rtirc other person. ifarry)

 

(N. mbcr. St 'cct. 

 

(City. State Code)

?rCt?untn. if )th-lr U. S. 

 

 

 

 

 

My atlrh'eu; 

lncarcot? o_tl: :r n. il 
(Number. Street. 

(City. Slate?t 

 

(Country. it?t Ii- :haa lI: 

(New 'rcic??ft-Ein-ril i?

 

 

 



fin SIG



SERVICE (YOL Must Complete 

B. ERIL ?It

 

.m?uthe Ol?cc the Cnichounscl for th: DI lS (US. lmmigmtior ar x. Cu:. on 

Sigr'atur:

mailed or delivered a copy 0" it I Chime 

 

 

 

L) 

 

an! Street. 1y. Stain. Zip Code)

 

Slgnalure

Enz'o 



hens Form on

:ert-lCE) at

G3. ti()lk- mtc?
Ht iscd July ZUIS

 

Exhibit 7

Case Document 4-1 Filed 01/03/19 Page 34 of 63

MAILING INSTRUCTIONS

I) Copy the completed form and mail or deliver it to the Office of the Chief Counsel at the add; ass you
inserted in the PROOF OF SERVICE. The PROOF OF SERVICE certi?es that you provided .2 copy oj?the? rm to 01-15.

2) Fold the page at the med litres marked "Fold Here so that the address is visible.
(IMPORTANT: Make sure the address section is visible after folds are made.)

3) Secure the folded form by stapling along the open end marked ?Fasten Here. 

4) Place appropriate postage stamp in the area marked ?Place Stamp Here. 

5) Write in your return address in the area marked YOUR ADDRESS HERE. 

6) Mail the original form to the Immigration Court whose address is printed below.

number. We try to create forms and instructions that are accurate. can be easily understood. and which impose the Iznsr tostitie bu on you to
provide us with infom'tation. The estimated average time to complete this form is ?ve (5) minutes. if you have commons rrg; ruin: he accuracy
of this estimate. or suggestions for making this form simpler. you can write to the Executive Of?ce for immigration Review. :?i'ice the General
Counsel. 5 [07 Pike. Suite 2600. Falls Church. Virginia 2204!.

Under the Paperwork Reduction Act. a person is not required to respond to a collection of information unless it displays a valid control

 

I:

 

 

 

 

 

 

 

 

 

 

 

Fold Here 
PUT YOUR ADDRESS HERE
Place
Stamp
Here
0.8. Department of Justice
Immigration Court
800 Dalomsa Street
Suite 300
San Antonio. TX 78207
Fold Here
Privacy Act Notice a: I

The information on this form is required by 8 U.S.C. 1229(a)(l)(F)(ii) and 8 in order to notify lm nitration Court
of any change of address and any change of telephone number. The information you provide is mandatory. Failure 1- mi: he requested
information limits the notifimtlon you will receive and may result in the adverse consequences noted above. EOIR may share '11? information
with others in accordance with approved routine uses described in system of records notice Emil-001. Reto- is at ti Management
information System and corn-003.

 

 

 


.-

EOIR . mc
Fasten Here Revised July IOIS

 

Exhibit 7

Case Document 4-1 Filed 01/03/19 Page 35 of 63

List of Pro Bono Legal Service Providers Updated 2?18
Private Attorney 

San Antonio lmmigrtion Co

lili??iil?l?i 33:1:- . .

American Gateways?

Ul't

       

Refugee and immigrant Center for Education ane .egal

One Highland Center Services

314 Highland Mall Blvd., Ste. 501

Austin, TX 78752 1305 N. Flores

Tel: (512) 478-0546 San Antonio, TX 78212

Tel: (210) 226-7722
Fax: (210) 212-4856

- Detention facility speed dial code: 1550 

 

Catholic Charities Archdiocese of San Antonio, Inc.?
0 Will represent aliens in asylum cases

 

 

202 French Place 0 Detention facility speed dial code: 1554
San Antonio, TX 78212 St. Mary's immigration and Human Rights Clinic'
(210) 433-3256
2507 NW 36th St

0 Only represents clients in San Antonio - San Antonio, TX 78228

Immigration Court Tel: (210) 431-2596
0 Detention facility speed dial code: 1553 Fax: (210) 431-5700
immigration Clinic of the University of Texas School of
Law? - Detention facility speed dial code: 1555

 

Texas RioGrande Legal Aid, Inc.?
727 East Dean Keeton Street

Austin, TX 78705-3299 1111 N. Main Ave
(512) 232-1292 San Antonio, TX 78212
Tel: (210) 212-3700
0 Will represent aliens in Asylum cases Tel: (888) 988-9996 (toll-free)

- Clinic is closed from May until September Fax: (210) 212-3774
0 Detention facility speed dial code: 1551

 

 

 

 

- Detention facility speed dial code: 5697

 

211913111131: As moulrad by 8 C.F.R. 5 most?. lin- ixuculivo O?ice forlmmimtion ROView (EOIR). 0mm Jilin Dim-tor, Il cc of
Loan! Access Progrn ml nmintnins in list of onymizntions and attorneys quali?ed under tho mgulntion: who provlco i rr. tour or Two
legal services. The information posted on this list In provided to 50"! by tho Providers. EOIR does not ondona an) o! tin-so o-ge nim-
tlono or ottomoyo. Additionally. EDIR does not punidpato in, nor is it responsible for. tho ropmonlotlon dwrxiony or pu-rforma ice of
these organimdons or attumoyu.

 

Exhibit 7

Case Document 4-1 Filed 01/03/19 Page 36 of 63

Department of Homeland Security

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

llS.Citi7t.-mhipand immigration Services Record of Determination/Credible Fear Wo ksheet
SNA 
comato?mcc Code Q?lumO?'erodc Aligr?si-?rlc Number Allen's last! mun Name
Lewis Phoenicia El Salvador
Asylum ()rticer's last Name $31? omcer?x First Alien's Nationality
All statements in italics must be read to the applicant
3 l: INTERVIEW PREPABAIION
1/02/2018 '2 At an unmwn location
Date cfarrival Port of arrival
1.3 1.4 Webb County Detention Facility. 9998 83. Laredo. TX
I l/2/20l 8 78041
Date of detention Place ofdctenlion
'5 ill-l/20l8 
Date of A0 orientation "orientation more than one neck from date of detention. explain delay
l-7 il27l20l8 1-3 Laredo. TX
Date of interview lM interview site
Applicant received and signed Form M-t-t-i and relevant pro bono list on I l/4/20l 8
Date signed :MMtootYY]
LI 0 Does applicant have consultant?)? 8 Yes No
If yrs. consultantts) name. address. telephone number and relationship to applicant
Norma Sgpulveda; unknomt attorney/consultant
LI 2 Persons present at the interview (cheek \tirieh apply)
r.t.r [3 Consultant?)
1-14 Otherts). list: interpreter [Telephonicl
US No one other than applicant and asylum of?cer
Ito language used by applicant in interview: Spanish



HQ

LEO

ill

[28

 

 

 

 

 

 

Interpreter was not changed during the interview
Interpreter was changed during the interview for the following reason(s):

32 Applicant requested a female interpreter replace a male interpreter. or vice verso
II: Applicant found interpreter was not competent 24
I25 O?iecr found interpreter ?as not competent 1.36 

L21 Bad telephone connection
a Asylum of?cer read the following paragraph to the applicant at the beginning ot?the interview.

Applicant found interpreter was an
Officer found interpreter not a

Language Lincll 2 0861 'felephonic Yes N0 08 it) 0926

interpreter Service. Interpreter Number. Interpreter Has Forms Time Started ?l?imc Ended
Yes No

Interpreter Service. interpreter 10 Number. Interpreter Has Forms 'l'itne Started Time [in tied
Yes No

interpreter Service. Interpreter ID Number. interpreter Has Forms 'I?itne Starred 11 me tin tied

neutral


The purpose of this interview is to determine rt'ltetlterrou may be eligible for asylum or protection from removal to a country where 
permeation or torture. I am going to aslt tort questions about returning to your country or any other country you mot be
rammed to. It it Important that ,mu tell the truth during the interview and that you to all Qfmy questions. This may bl nmur
otrlt'opportunltv to glue rut-It Information. Please feel eotrtforlable telling me why you fear harm. (AS. law has strict ruler to prover! the
titre/mum of what you tell me today about the reason: rr'ltvyoufettr harm. The hrfontrutlonmu tell me about the will
not be disclosed to ,tour government. except In exceptional circumstances. The statement: you make today may he used in deciding rotu-
and In any future Immigration proceedings. It Is Important that we undernatrtl each other. [for any time I make a on do
not please stop me and tell are you do not that I can explain It to loll. If at any time .mu tell me sotrtetltin a I do not
understand. I will a:k_rou to explain.

Form Page I

Exhibit 7

 

Case Document 4-1 Filed 01/03/19 Page 37 of 63

 

 

 

Allen's File Number: 

I)


 

Last Name/ Family Name 

 

 

 

 

 

 

 

First Name Middle Name
2.4 - 3 Male
Date of birth Gender
3 6 None
Other names and dates ot?binh
used
17 El Salvador 2 8 El Salvador
Country of birth Country (countries) of citizenship (list all)

Address before coming to the 11.5. {List Address. Cityri?oxm. Province. State. monument. and Country).

 

 

 

1'0 _Spanish
Applimnt?s race or ethnicity Applimt's religion All languages spoken by applicant
2. I 3 Marital status: Single Married Legally separated Dimmed Wiriutwd
2-14 Did spouse arrive with applicant? Yes 8 No

2-15 ls spouse included In applicant's claim? Yes 8 No

2.16 If currently married (including common-law marriage) list spouse?s name. eitimnship. and present location ("with
applicant. A-t 

217 Children: Yes 8 No
2. 8 List any children (Us: tire cumin Italian realm: to I15: any additional children):

 

 

 

 

 

 

 

 

03? Name Citizenship Present location 0th PA. rm child mi? ls elrild included
1m with in M's churn?
El 8 
rat Salvador Yes No Yes 
8 
El Salvador Form l-ll?itRev ?till/Oil) Page 2

 

Exhibit 7

Case Document 4-1 Filed 01/03/19 Page 38 of 63

 

 

 

 

 

IL I
I Allen?s File Number:
2. I9 Does applicant claim to have a medical condition (physical or mental). or has the oitieer observed any indication that a
medical condition exists?! liniS. answer questions 2.20 and 2.2l and explain below. 0 Yes 8 No
220 Has applimnl noti?ed the facility of medical condition? Yes No
2.2! Does applicant claim that the medical condition relates to torture? 0 Yes No
2 22 Does the applicant have a relative. sponsor. or other community tics. including Yes No

spouse or child already listed above?
2.3.1 If YES. provide information on relative or sponsor (use continuation section. if tic-century):

 

 

 

Name Relationship
Address Telephone Number
Citizen Legal Permanent Resident Other

Ill; QREQIBLE-FEAB 

The (allowing notes are not a verbatim transcript of this interview. Time notes are recorded to assist the asylum of?cer in maid at: a
eredlhIeofear determination and the lupervlsory asylum of?cer in reviewing the determination. There may be areas of the indiv-dual's
claim that were not explored or documented for purposes or this threshold screening.

The asylum omeer must elicit suf?cient information related to built credible fear and credible lcar ol'torture to delenninc whether
the applicant meets the threshold screening. Evan if the asylum ol?llcer determines in the course or the interview that the applicant has a credible
fear or persecution. the asylum of?cer must still elicit any additional information relevant to a fear of tenure. Asylum oliiccrs are to ask the
following questions and may use the continuation sheet if additional space is required. lithe applicant replies YES to any question. the tsylom
ol'liwr must ask follow-up qualms to elicit details about the claim to make a credible-fear determination.

 

I a "are you or any member ever been mistreated or threatened by anyone In any to which you . be
rammed_wm have (my ream? Io?'ar harm from amour In (my country to which you may he rammedquestions a or b: or I: it because afany ofllte?llan'lhg reason? (Check each or the t'ellom'ng boxes hat
only.)
Race Religion Nationality Membership in a particular social group Political Opinion
See 08m

 

 

 

l-?nrtn l~li7DlRev. IlBlItlJ) Page 3

 

Exhibit 7

Case Document 4-1 Filed 01/03/19 Page 39 of 63

 

 

 

 

Allen's File Number:

1.2 At the conclusion of the interview. the asylum of?cer must read the following to applicant:

If the Department of Homeland Security determines you have a credible ?'tii' of persecution or torture. your case tri I be
referred to an immigration court. tt-ltere you will be allowed to seek asylum or withholding of removal based Oli??tii' of
persecution or withholding of removal under the Convention Against Torture. The Field O?ice Director in charge of this
detention facility trill also consider whether you may be released from detention while you are preparing for your in; arlug. if
the asylum o?lcer determines that you do not have a cndihie fear of persecution or torture. you may ask an Intmigrt tion Judge
to revisit the decision. if you are found not to have a credible fear of persecution or torture and you do mu request review.

you may be removed from the United States as soon as travel arrangements can be made. Do you have any question s?

Soc QQA

 

""Twcd Question and Answer [Ohm menw we: and a tummy and mini! ofthc claim must be attached in this ?rm for oil wrath: demons 11

3.3 a At the conclusion of the the asylum o?iccr must toad a summary of the claim. consisting of the mspont
Questions 3. I act: and information tccordcd tn the Additional information/Continuation section. to applicant.

to



mm out re?ect that the applicant was any inconsistencies or lack no annuiai? macs and that the applicant um to establish 

that

A. Credible Fear Determination:

C.



 

- . - 
Applicant round cicd?tle.
4.2 Applicant found not credible. because-WW

 

 

 
 

 

4 3 ET -.. .. "53:5:
4.4 
4.5 . -
Ema
4.6 Race 4.7 0 Religion 4-8 Nationality 4.9 inoi?atticular Social Group
(Dc?nc the social group):
Ho [3 Political Opinion [j Coercive Family PlanningiCl-?I?l No Nexus
cam]; I-?mr gigging
?3 thdiblc established.
OR
Credible [cut established.
OR

4- 5 Cmdiblc fear of persecution NOT established and ts not a signi?cant possibility that the applicant could 
for withholding oftamoval or deferral ofrcmo-tnl under the Contention against ?rattan

Possible Bars:

4 I6 0 Applicant could be subject to it hurts) to asylum or Withholding or mutant cheat. the hotter) [hill applies and exp
continuation 

417 Particularly Serious Crimc 4-18 Security Risk 4-19 Aggravalcd Felon
4.20 4.2! Tenor-is! 4-22 Firmly 
4.23 Serious Non-Political Critnc Outside the United Status

4.24 8 Applicant docs not appear to be subject to a hurts] to asylum or ol?tcmovai.

identity:
Form #870 (Rev. If.? I I03)

tiislt

Iuitt till the

Page -I

 

Exhibit 7

Case Document 4-1 Filed 01/03/19 Page 40 of 63

 

 

 

Allcn's File Number:
:5 53]
4.26 )3

4 :7 

-r In 

identity ?im a ul?ucrluinly.)
Pays-port. which to he :rulhcmic.

Other evidence presumed by applicunl nr in applicant} like Lin):

Applicant's identity v.3" ?ilh .1 reasonable nl'ccrmim} Ichcek hours) that :rpplic?):

Applicant's mm credible sink-mums. (ll?lcslimony is audible this will su?icc In the :rpplic



I?l'i

 

 

.nu 

SECTION V:

Applicant?s idcmily was mu (lemming-cl will: :1 reasonable ni?ccnuinly. cm the cuminumion shew

ASYLUM OFFICER NAMES AND 

.l

 

 

Phoenicia Lewis. 3 
Asylum anIccr nam? and II) (Prim) Ih??l?ccr's 5' what Decision dale
54 ?5 mam

 

 

Supcn isory m2) lum ol?liccr Supervisor's signature

ADDITIONAL 

Dagsupcn isor a
Llccisiun

spun cd

 

 

Sec 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 7

lunni-R?Ioulm Harm,

 

I'ugc 

Case Document 4-1 Filed 01/03/19 Page 41 of 63

'er - Date; November 27. 20l8
Mme; mm P. Lewis. ZOL 
gum Save Asylum 08l0 CST Stog: 0926 CST
INTERVIEW

Questions Answers

NOTE: THE FOLLOWING NOTES ARE NOT A TRANSCRIPT OF THIS THESE ARI: 
OFFICER IN MAKING A CREDIBLE FEAR DETERMINATION AND THE SIIPERVISORY ASYLUM IN 

DETERMINATION. THERE MAY BF. ARI-1A5 CLAIM THAT WERE NOT EXPLORED OR DOCUMENTIED FOR
THRESHOLD SCREENING.

Location of Applicant and Interview (annotate ifdilTerent): Webb
Was Attorney Present During Interview? Yes No 

I ASSIST 

PURPOSES 0F

 

 

IINTERVIBW INITIATED: 0810 CST

Winn: My name is Officer Lewis and I will be conducting your interview today through an interpreter. 
placed under oath to completely and truthfully Interpret everything we say to one another. Everything you say is eoniidt
interpreter will keep everything confidential as well. We are having this interview today because you have express
returning to your country at some point after you were detained. and today we will discuss what those fears may he.

INTERPRETER OATH

he has been
title! and our
ed a fear of

 

Officer Int

rpreter

 

Do you affirm that you will truthfully. literally and fully interpret the questions asked by the asylum Yes
of?cer and the answers given by the applicant: that you will not add to. delete from, comment on. or
otherwise change the matter to be interpreted; and that you will immediately notify the officer if you
become aware of your inability to interpret in a neutral manner on account of a bias against the
applicant or the applicant?s race. rel igion. nationality, membership in a particular social group. or
political Opinion?

 

 

Do you af?rm that you understand that the matters discussed during this interview are con?dential? Yes

 

 

 

 

Officer lnterviewee
What is your best language of understanding? Spanish
Do on have an attorney or an accredited representative at this time? Yes

 

[Attorney] Do you have the name and phone number of your attorney Norma Sepulveda. I do not remcm
phone number. I left it in my room

er the

 

 

 

 

[If no Attorney] Because I do not have her number I cannot guess No let's do it now
which is her. Are you willing to proceed without an attorney today?
Do you still fear return to your country? Yes

 

 

ADMINISTERED APPLICANT OATH

Before we begin, I need to place you under oath to promise to tell the truth. Please raise your right hand.

 

Officer In-

erviewee

 

 

Do you swear or affirm that the testimony you are about to give will be the truth. the whole truth. and sw
nothing but the truth?

 

ar

 

 

(?redlhleear Interview Page I of 7

 

Exhibit 7

Case Document 4-1 Filed 01/03/19 Page 42 of 63

Alim Date: November 27. 20 I 8

Name; Aselumg?iceu Lewis. zor. 

El Salvador eter Serv' c- at ir? 21086 
AW ZHN sun: 08 lo CST 0925 CST

Thank you, you may put your hand down.
Medical Igsug

 

 

 

 

 

 

 

 

 

 

 

Of?cer lntervlewce
Do you have any medical or health issues that i should be aware of? No
Are you on any medications? No
is there anything may affect the way that you testify today? No

Ofliccr Interviewee
Records indicate you last entered the United States on November 2 Yes
near Hildjg . TX is that correct?
Was this the ?rst time you entered the Yes

 

[Signed have a document you signed (or refused to sign) No. they did not tell me anything
about this process on Nov 4
I am going to ask the interprete to read you some information about Oh. I understand
the process you are now going through [Interpreter reads 
Do you have any questions about that information? No everything is clear

 

 

 

 

 

 

Now I?m going to ask the interpreter to read something to you that further explains the purpose of this interview.

Intc reter read Sectio 1.28 For - 'c 
Interpreter, please read Paragraph l.28 to the Applicant.
PARAGRAPH 1.28. FORM l-870. READ 1?0 APPLICANT: 'nte purpose ofthis interview is to determine tthethcr you maybe clipiu rle 
asylum or protection from removal to a country ?here you fear persecution or tenure. I run going to ask you questions about any you liar returning
to your country or any other country you may be removed to. It is very important that you tell the truth during the interview and that yet respond to
all of my questions. his may be your only opportunity to give such information. Please feel comfortable telling me why you fear harm US law has
strict mics to prevent the disclosure of what you tell me today about the reasons ?try you fear harm. 11m infomatiun you tell me about he reasons
for your fear will not be disclosed to your government. except in exceptional circumstances. The statements you make today may he used in deciding
your claim and in any firturc immigration proceedings. It is important that we understand much other. If at any time I make a statement you do not
understand. please stop me and tell me why you do not understand so that I can explain it to you. If at any time you tell me something I to not
understand. 1 will ask you to explain.

 

 

 

 

 

 

 

 

Oli'tcer Interviewee
Do on understand what wasjust rend luau? Yes
Do you have any questions about what wasjust read? No
Can you understand the interpreter clearly? Yes
Are you willing to answer my questions at this time? Yes

 

Background lnfomggion

 

Went over information
Officer lntervicwee

 

 

What is your full name?
Have you ever been known by any other names or Never

 

 

 

 

 

 

rt'tlt'hle-Fear Intert'r?ett' Page 2 of 7

 

Exhibit 7

Case Document 4-1 Filed 01/03/19 Page 43 of 63

 

Align 12mg; Novemher 27. 

Name: Asylum Qfliger; Lewis. ZOL l0?

Country; El Salvador 2I086l

Asylum Ol?gg: ZHN Stag: 08l0 CST Stop: 0926 CST
aliases?

 

 

What i5}our date ol'birth?

 

 

 

 

 

 

 

Spanish

Have you used any other dates of' birth? Never
Where were you born? El Salvador
What country are you a citizen of? El Salvador
What is your race or ethnicity. for example. do Latino

you identify as Indigenous. Latino, HiSpanic,

black. Mixed. white. etc.??

Do you have a religion: if so. what is Christian
Do you speak any other languages besides No

   

 

What was your last address in your home country?

 

 

 

Are you married. single. living with a partner?

 

   

 

Married not livin with mother or children
NAME:


Citizenshi El Salvador
Lowdowh

unknown

 

 

Do you have any children?

 

 
  

NAME:
DOB:

Citizenshi :El Salvador
Location:_ -



NAME:

DOB:

Citizens :El Salvador
Meadowh -

Afi:

    

   

 

Do you have any family. friends. or relatives in
the US with whom you would stay. if released?
(Name Address Relationship Telephone 
Status?)

 

  

NAME:
Relation: Friend
Address:

Phone:

 
    

 

 

 

 

 

for asylum in the US before?

Status: USC
Did you ever apply for any No
legal status in the United States before. such as
TPS or for a visa?
Have your parents ever been to No
the 
Where are your parents 
currently living?
Have your parents ever applied No

 

When you crossed the border into the United
States. were you with any family members?
Even those housed elsewhere?)

Yes with my 2 children

 

Do you want your children joined to your case

Yes 1 would like that. that would be the best for me

 

 

Could not ?nd presence of children in 

 

0k

 

Credible-Fear Imam-feu-

l?ugc 3 ol?7

Exhibit 7

 

 

Case Document 4-1 Filed 01/03/19 Page 44 of 63

 

 

 

 

 

 

 

 

 

mm November 27. 20 8
Na me; Asylum ?llies-[z Lewis. 2.0L IOP
Countg:ElSalva or to a el' "#2l086l
Asvlum Office; ZHN Sta?rt: 08 ll) CST mg: 0926 CST
?annot ?nd them in the system I
CREDIBLE FEAR INTERVIEE - CLAIM
We are about to begin discussing the substance ufyour claim for myltun
rm
Met/l
Of?cer ULAK interviewee

When did you leave El Salvador 23 Whis year

Why did you leave gangs. they were asking the for rent

When did they last ask you for rent When they stopped me the last time was OCT 6

Ofwhat year This year

Where were you when they stopped you They did it close to my house

In El Salvador Yes

 

Earlier you told me you left El Salvador on

On October 23. is when I left El Salvador October the 6 was

when the

 

 

. can you please explain. I do not
understand

my Uncles to?
with my Uncle an on October 23 I left El Salvador and cam

United States

August, 23. 20 8 now you are telling me the gangs stopped me house and after they stopped me by my house
gangs last stopped you on October 6, 20l8. but is when left fork

October is after August. can you explain the

inconsistency

When did you leave El Salvador When I left El Salvador was 23 October 20 8

Youjust told me after October 23 you left for They asked me for rent on October 6. the following day Oct I left for

and on Oct 7 to Oct 23 Stayed there
3 to the

 

What did the gang member say to you when
the . asked you for rent

It was simple they said we need you to collaborate we need $300

.500

 

Did they ever threaten you

Yes they actively asked me for the money they told me to thi
my children

1k about

 

Did they threaten you

Yes they said if I would not give them the money that they would kill

me and they would kill me children

 

Did you ever report these threats to the
authorities

Yes I did

 

 

help me because they needed natnes

When did you report them On 3 occasion. October l2. another time October l5. and w:nt to the
republic prosecutor I don?t remember il'it was the l8"? orthe l9"?
What did they do about the threats Yes the 12 and l5'h they did not do anything, they said they could not

 

What about the public prosecutor

They said in 8 days they would assign me a prosecutor but I was not in

El Salvador any more

 

So they offered to help you but you left before
they could continue helping you. is that correct

Yes because what happened was. they said they were trying I

3 look for

me. they asked for me at work they asked my friends they were trying

to see where I was



 

Are you afraid of the government. police. or
authorities in your country? Why?

Yes there is a problem there the gangs are in?ltrated in the police and

the military

 

But they said they would help you ifyou
provided them with names. so why are you
afraid of the authorities

Because they are in there and many cases with the police turns you over
to them because as i said before some of them are infiltrated with the

police

 

In the past, have you ever been threatened or
banned by the government. police. or

 

 

Me no. but my neighbor there was a massacre and he said the
showed him in his lower lip that he had a tattoo ofthe MS an:

police
he said

 

 

Credible-[Tar Inlen'ieu-

Page 4 ul?7

 

Exhibit 7

we? 

[ta

Case 

an: r-
Sonata; a va or
mumznu

Date; November 27. 20l ti

Asylum Lewis. 20L l0l?

lter rv' e- Lan :#2 086l
Stan; 0810 CST 5191;; 0926 CST

Document 4-1 Filed 01/03/19 Page 45 of 63

 

authorities in your country?

they were going to control everything

 

If you return. will you be harmed by anyone
who has the permission or consent of the
authorities?

Yes because the police in my neighborhood. yes because as
explained to you they are in?ltrated

have

 

Other than the times you reported the threats
have you ever had any interactions with the
olice or the authorities

No

 

Have you experienced any other harm in El
Salvador

No. only li'om that

 

Have you ever been threatened and/or banned
or do you fear harm/threats on account of your
religioniLVour country?

No

 

Have you ever been threatened and/or harmed
or do you fear harm/threats on account of your
race/skin color in your country?

No

 

Have you ever been threatened and/or banned
or do you fear ham/threats on account of your
nationality. in your country?

No

 

Have you ever been threatened and/or harmed
or do you fear harm/threats on account of your
political opinion in your country?

No

 

Is there any characteristic you have or
anything about you that would make people in
your society want to harm you?

 

 

No

 

Future Harm

 

omcer

lntervtewee

 

What do you think will happen if you return?

I?m afraid of going back because I cannot go to another plac .

 

What do you think will happen if you return?

They will kill me and my children

 

Who would do this to you?

The MS

 

Why would they want to kill you

Because I offended them. for them it is an offense me leaving and not

paying the rent

 

is there any other reason

No iust because of that

 

Could the authorities protect you from the
people you fear?

Basically no because there is like a group called GRP but the

if there are something big like narco traf?cking or kidnappin?

be something very sever

only act
. it has to

 

Can you live in another part of your country
and be safe?

There are safe places but due to my economic status I won't
go to thosga?cs

be able to

 

 

Do you fear anyone else?

 

No. only the gangs

 

W?wsc questions i have to ask everyone who applies for asylum.

 

Officer

Intervle'

wee

 

Have you ever lived in any other country?

 

No

 

 

Interview

Page 5 at??

 

Exhibit 7

 

 

 

Case Document 4-1 Filed 01/03/19 Page 46 of 63

- mtg; November 27. 20l8
Macaw. r. Lewis. 2% mp
Quanta: Salvador 
Asylum omcg: ZHN 53g}; 08l0 sign; 0926 CST

Lawful status may include. but is not limited to. asylum status. refugee status. permission No
to work. temporary and permanent residence. and citizenship. Have you ever been offered
or receiVed lawful status from a country other than your own?

 

 

 

 

 

 

 

 

Have you ever harmed anyone for any reason? Helped someone harm anyone? No
Have you ever committed a crime in any country? No
Have you ever been arrested or detained for any reason in any country? No
Have you ever been convicted ofa crime in any country? No
Have you ever been a member or representative of any group that advocated or used No
violence to achieve their goals? Are you now a member?

Even if you didn?t want to. have you ever tried to convince other people tojoin or give No
things of value to a group that advocated or used violence to achieve their goals?

Terrorist activities may include using a weapon or explosive device. hijacking. No

kidnapping. assassination. or committing any act with the intent to endanger the safety of
others or to cause substantial damage to progeny. Have you done any of these things?

 

 

Have you ever provided any type of support. like food, housing. money. weapons. or No
transportation, to any individual or group involved in terrorist activities?
Have you ever been in the military or received any weapons training? No

 

Do you plan to engage in any activities that would be illegal in the United States No
or harmful to the United States?

 

 

 

 

Please give me a moment to review my notes and summarize what we discussed.

REVIEW OF SUMMARY OF TESTIMONY
APSO SUMMARIZED THE CASETO THE APPLICANT AS REQUIRED BY SECTION 3.3. FORM I-870

Summary of testimony
You were threatened by MS gang members who said they would kill you and your children rent
money. The last time they threatened you was October 06. 20l8. after which you left your area and moved wit your
Uncle You reported this harm to you the police on October. 12. 15 and one other date. They said my could
not he you un ess you had names. On the last date you went to the public prosecutor who said they would as you a
prosecutor in 8 days. However the threats continued so you left before a prosecutor was assigned. You fear if tu 
to El Salvador you will be killedijS gang members because you did not pay them rent.

 

 

 

 

 

 

 

 

 

 

O??ieer Interviewce
Is this summary correct? Correct
Are there any changes or additions you Only 1 think I heard 7'h twice. the was the day was threatened and the
would like to make? was the day I left
Is there anything else that is important to Only that I believe
our claim that we have not yet discussed?

 

 

 

I TERVIEW CLOSING
Interpreter Please Read Section 3.2 (I-870) to applicant

lfthe Department of lnmelnnd Security determines you have a credible fear of persecution or tenure. your case m'll he referred to an im migration
court. ?here you will be allowed to seek asylum or m'thholding ol?rernovol bmed on fear of persecution or withholding oi?renarvnl under the
Convention Against Tonune. The Field (mice Director in charge of this detention facility will also consider whether you may he release! from
detention while you are preparing for your hearing. U?rlu- art-[um a??ieer determines thaumr do not have a m'rlilrlefear (r rurmm,
you may ask an Judge to review the decirian. Ifyau are jimml no! to have a credible fear or mrmre midyear Ir) not
request review. ,mu May be removed from the United Stale: as soon as Imwl arrangements at? be made. I )0 mu have any questions."

Credible-Fear Irrlerr'lert' Page 6 of 7

 

Exhibit 7

Case Document 4-1 Filed 01/03/19 Page 47 of 63

 

 

12m; Navalttber 27. 2018
games Et Salvador WW2 
Asylum Of?ce: ZHN Stan; 08 IO CST 5339; 0926 CST
Officer lnterviewee
Do you have any comments or questions? Yes in that case what will happen with my children

 

If your children arejolned to your case they will So I would not get to be with them
receive whatever decision you receive. but they
are not to your case because I
could not ?nd them
No sir. unfortunately fathers cannot be sent to 0k
family residential. so they cannot be with you
Do you understand what was read to you? Yes
Is there anything else that is important to your No I told you everything
claim that we have noLyet discussed?
Did you understand the questions that I asked? Yes
Did you understand your interpreter? Yes
Interpreter. did you understand the applicant? Yes
Thank you for speaking with me todaythe interview. You can hang up the pit ne and
let the officer know you are ?nished.

 

 

 

 

 

 

 

 

 

 

 

- . 

NOTES END

 

Interview Page 7 of?

 

Exhibit 7

Case 1:19-cv-00015-PLF Document 4-1 Filed 01/03/19 Page 48 of 63

EXHIBIT 8

(attached)

Exhibit 8

 Case Document 4-1 Filed 01/03/19 Page 49 of 63

NORMA SEPULVEDA DETAINED
LAW OFFICE OF NORMA SEPULVEDA, PLLC

PO BOX 533517

HARLINGEN, TX 78553

PHONE: (956) 230-4888

FAX: (956) 230-4739

ATTORNEY FOR RESPONDENT

UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
LAREDO, TEXAS

 

In the Matter of:

mm: 

Respondent,



In Credible Fear Review Proceedings.

 

IJ: Adams Next Hearing: CFR
December 17, 2018 at 

MOTION TO VACATE

Exhibit 8

Case Document 4-1 Filed 01/03/19 Page 50 of 63

I. INTRODUCTION

Applicant, by and through
undersigned Counsel, respectfully moves this Court to vacate the negative credible fear
decision issued by the Houston Asylum Of?ce, in accordance with INA
and C.F.R. ?1003.42(e) and the Fifth Amendment of the United States
Constitution.

II. RELEVANT FACT 8/ PROCEDURAL BACKGROUND

- is a native and citizen of El Salvador. -
entered the United States with his two minor children on or about November 2, 2018. Upon
apprehension he was separated from his children despite a federal injunction in place
preventing the U.S. government from separating parents from their children.

On November 27, 2018, - was interviewed by the Houston Asylum office
and served with a negative ?nding on November 30, 2018. Upon being served with the
decision, - requested a review of the decision by this honorable Court. A review is
required by law within seven (7) days of a requesting a review of the negative ?nding.

However, this review is being conducted seventeen (17) days after his request.

LEGAL ARGUMENT

A. The applicable INA regulations mandate IJ review be done within a specific
time frame.

Exhibit 8

Case Document 4?1 Filed 01/03/19 Page 51 of 63

This Court must provide a substantive review of an asylum of?cer?s negative ?nding
within seven (7) calendar days of the decision pursuant to INA and 8
C.F.R. INA states:

The Attorney General shall provide by regulation and upon the alien?s request for

prompt review by an immigration judge of a determination under subclause (I) that

the alien does not have a credible fear of persecution. Such review shall include an

opportunity for the alien to be heard and questioned by the immigration judge, either

in person or by telephone or video connection. Review shall be concluded as

expeditiously as possible, to the maximum extent practicable within 24 hours, but in

no case later than 7 days after the date of the determination under subclause (I).
INA 23 added).

The language in 8 C.F.R. 1003.42(e) is equally unambiguous.

The Immigration Judge shall conclude the review to the maximum extent

practicable within 24 hours. but in no case later than seven days after the date the

supervisory asylum of?cer has approved the asylum officer?s negative credible

fear determination issued on Form 

8 C.F.R. 1003.42(e) (emphasis added).

The word ?shall? does not convey discretion. It is not a leeway word. The SCOTUS
has said that the term ?shall? normally creates an obligation impervious to judicial
discretion. United States v. Qutrante, 486 F. 3d1273, 1275 (11th Cir. 2007) (emphasis
added), quoting Lexecon Inc. v. Milberg Weiss Bershad Hynes Lerach, 523 US. 26, 35
(1998). Therefore, the plain text of both INA and 8 C.F.R. 
1003.42(e) clearly state that the Immigration Judge must conclude review of the negative
credible fear determination within seven days. The regulations clarify that the seven day

period begins when the supervisory asylum of?cer approves the asylum of?cer?s negative

Exhibit 8

Case Document 4-1 Filed 01/03/19 Page 52 of 63

decision. This plain meaning establishes a binding seven-day deadline upon which this court
must conclude de novo review of the negative fear ?nding. The seven-day deadline exists to
protect the statutory right of the asylum-seekers in credible fear proceedings to prompt
judicial review.

Notably, asylum seekers are subject to numerous requirements, including strict
time-related requirements. See e.g. INA ?204 (Procedure for Granting Immigrant Visas) 
(putting burden of proof on applicant to establish refugee status). If this
vulnerable population is required to abide by these rules so should everyone else involved

in this system, including the Immigration Court.

Prolonged Detention Violates Due Process

This Court has the authority and the burden to safeguard the procedural and due
process rights of asylum-seekers in expedited removal proceedings as it is the ?nal, if not
only, access to judicial review individuals in expedited removal receive. See Ardestam? v.
INS, 502 U.S. 129, 134 (1991) (holding that procedures set forth in the Administrative
Procedures At do not apply to non-adversarial deportation proceedings). The SCOTUS has
held that the Constitution?s Due Process Clause protects people subject to deportation,
Zadvydas v. Davis 533 U.S. 678, 693 (2001).

The timing rule established in 8 C.F.R. 1003.42(e) is integral to protecting the due
process rights of asylum-seekers in credible fear proceedings. If the Court decides to

proceed in concluding a substantive review of this case outside the seven-day period set

Exhibit 8

Case Document 4-1 Filed 01/03/19 Page 53 of 63

forth in 8 C.F.R. the Court will act with procedural impurity, violating the
regulation on its face. The Court instead should ensure compliance with the statutory and
regulat01y framework that governs expedited removal proceedings in accordance with due
process.

- has been denied access to judicial review within the statutory seven-day
period. This in and of itself is a due process violation that this Court can and should protect.
For these reasons, this Court shall vacate the negative fear ?nding issued by the Asylum

Of?cer in this case.

C. Vacature is the Proper Remedy

rights to a timely review of the negative fear ?nding are comprable to
the constitutional right to a speedy trial, US. Constitution Amendment VI, and other
statutory rights to expedient review where comparable rights are at stake. The remedy when
a defendant?s right to a speedy trial is violated is dismissal with prejudice and here the
remedy to an untimely judicial review should be to have the negative credible fear ?nding
vacated.

IV. CONCLUSION

WHEREFORE, - respectfully requests the credible fear determination be

vacated because a judicial review was not conducted within the seven (7) days of the date of

when the supervisory asylum of?cer af?rmed the asylum of?cer?s negative decision.

Exhibit 8

Case Document 4-1 Filed 01/03/19 Page 54 of 63

In the alternative, the decision should be vacated because a meaningful review is not
possible. he harm that has been in?icted on this family is severe, traumatic, and ongoing.
It has impacted -abi lity to clearly focus on his asylum claim. The harm in these
situations rise to the level of vacating a negative credible fear ?nding. See attached,

Declaration of TCRP Lawyer, Laura Pena and related documents.

Respectfully submitted,

 

Norma Sepulveda
Attorney for Respondent
PO Box 533517
Harlingen, Texas 78553
(956) 230-4888

(956) 230-4739

Exhibit 8

Case Document 4-1 Filed 01/03/19 Page 55 of 63

UNITED STATES OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
LAREDO, TEXAS

 

In the Matter of

In Credible Fear Proceedings



 

ORDER OF THE IMMIGRATION JUDGE

Upon consideration of said Respondent?s MOTION TO VACATE it is HEREBY
ORDERED that the motion be DGRANTED DDENIED because:

 

DHS does not oppose the motion.
E1 The respondent does not oppose the motion.
A response to the motion has not been filed with the court
El Good cause has been established for the motion.
The court agrees with the reasons stated in the opposition to the motion.
CI The motion is untimely per
Deadlines:

The application(s) for relief must be ?led by

 

The respondent must comply with DHS biometrics instructions by

 

Date Immigration Judge

 

CERTIFICATE OF SERVICE

This document was served by: Mail Personal Service
To: Alien Alien c/o Custodial Officer Alien?s Atty/Rep DHS
Date: By: Court Staff:

 

Exhibit 8

Case Document 4-1 Filed 01/03/19 Page 56 of 63

DECLARATION OF LAURA PENA

My name is Laura Pe?a. I am over 18 years of age, of sound mind, and capable of
making this certi?cation. The following facts are within my personal knowledge.

1. I am a licensed attorney (Texas State Bar No. 24085758) with the Texas Civil Rights
Project, a non?profit civil rights organization based in Texas. I have been practicing
immigration law for ?ve years, and am a former ICE trial attorney who practiced in Los
Angeles and San Diego.

2. Since early May, the Texas Civil Rights project has been committed to assisting families
who have been separated by DHS due to the ?zero tolerance? enforcement of

s. In that capacity, the Texas Civil Rights Project is representing -
as a legal advocate contesting the unlawful family separation that
occurre a er family entered the United States.
3. In that effort, on or about November 5, 2018, the Texas Civil Rights Project interviewed

-prior to his criminal prosecution hearing for illegal en as part of our screenings
for unlawful famil se arations. Durin the interview, stated that he had been
separated from his He said he

was afraid that his children would not be at the border patrol detention facility when he
returned after the criminal hearing.

  

4. On November 5, the Texas Civil Rights Project noti?ed DHS and OR about the
unlawful family separation. See enclosed noti?cation letter. To date, DHS has refused to
respond to the letter. However, ORR has cooperated in assisting to ?nd the location of the
children who are in a government shelter in Driscoll, Texas.

5. On November 15, I met with-at the Webb County Detention Center where he is
being detained by Immigration and Customs Enforcement. During that meeting,
shared additional details regarding the separation. He indicated that the border patrol
a ent who processed his ?ngerprints accused him of being a member of the gang.
explained to the agent that he never had been a member of a gang, never had been
arrested, or convicted of any crime. He showed the agent his body which was free of
tattoos. He also presented a notice from the government of El Salvador stating he has no
criminal history.

6. During the November 15 meeting, was visibly upset. He told me he was very
depressed about being separated from children, and at that point he had not spoken
with them and did not know of their whereabouts. He was having dif?culty sleeping and
eating.

7. The Texas Civil Rights Project has conducted our own investigation into the question of

gang af?liation. We have con?rmed that the government of El Salvador produced a
document indicating he has no criminal history. We have a photo of -t the beach

Exhibit 8

Case Document 4-1 Filed 01/03/19 Page 57 of 63

showing he has no tattoos. We have a letter from an employer indicating that he is of
good moral character. It is our or anization?s belief that the DHS systems ?agged a
different individual by the name of ?and that the separation is due
to a mistaken error in identi?cation.

8. I met With-again on December 14, 2018 at the Webb County Detention Center.
During that meeting, he stated that he had been able to speak with his children on three
occasions since the separation nearly six weeks ago. He stated that his daughter cries a
lot, and they are very difficult phone calls. He stated that he continues to feel very upset
by the separation, and ?nds it dif?cult to focus on anything else. -cried frequently
during our meeting, and exhibited signs of exhaustion and depression.

9. During the meeting, I inquired why-did not have his immigration attorney present
during his credible fear interview. He stated that during his ?rst interview, he told the
officer he wanted his attorney present. That of?cer told him that he was going to schedule
a second interview with his attorney present. The officer told him there was only one
additional opportunity for an interview to have the attorney present.

10. Upon the commencement of the second asylum interview, -was of the belief that
the officer had scheduled the interview with his attorney. When he realized that the
of?cer had not contacted his attorney, he proceeded with the interview because he
believed it was his last opportunity to have the interview.

11. The harm that has been in?icted on this family is severe, traumatic, and ongoing. It has
impacted - ability to clearly focus on his asylum claim. The harm in these
situations rises to the level of vacating a negative credible fear ?nding. In at least one
prior family separation case, Immigration Judge Onyewuch vacated the asylum of?cer?s
negative credible fear ?nding because ?meaningful review [was] not possible? given the
circumstances of the family separation. See attached excerpt of the order.

12. It is my legal opinion that this family separation is a violation of the Executive Order
prohibiting family separations during pendency of immigration proceedings. It is also a
Violation of the federal injunction in Ms. vs. ICE, and our organization is working with
the ACLU lawyers to raise this case with the government. We are also preparing an
advisory to Judge Sabraw in the Ms. vs. ICE litigation to advise the court of the lack of
transparency in questionable family separation cases.

13. To date, DHS has not responded to the Texas Civil Rights Project request for information

regarding the reason for the family separation. Nor has the agency provided this
information to his immigration attorney of record, Ms. Sepulveda.

This certi?cation is made pursuant to 28 USC 1746. I certify under penalty of perjury that the
foregoing is true and correct.

Exhibit 8

Case Document 4-1 Filed 01/03/19 Page 58 of 63

Executed i ?nsville, Texas, this 15th day of December, 2018.
Ape?H

Laura Pe?a 

Exhibit 8

Exhibit 8

Sl U9 .LllLUIltlonai-L
cal or mental harm inflicted by, or at the 

stigation of 
I or the
Other . consent or ac 
person acting in an official capggiijcence Of? a gOVernment official

DER: It is hereb
ordered that the decision of the immigration officer is:

Affirmed,

and the 
alien. case is returned to the DHS ?for??x 49} of the



Vacated.

Other

 

Case Document 4-1 Filed 01/03/19 Page 59 of 63

Case Document 4-1 Filed 01/03/19 Page 60 of 63

 
 
 
   
 



1.11
~ae

   

Laura Pena, Attorney

I 3 Texas Civil Rights Project

1017W. Hackberry Avenue
. I l. (w 

I Alamo, Texas 78516

PROJECT camama

email: 

 

 

US. Department of Health and Human Services
Administration for Children Families, South Texas
Jose Gonzalez via email at jose.Gonzalez@acf.hhs.gov
Elsie Belvue via email at 

US. Customs and Border Protection

US. Department of Homeland Security

Lloyd Easterling via email at 110 'd.m.easterlindf0c b.dhs.0?ov
Teresa Brooks via email at teresambrooks (vcb .dhs.0?ov

 

 

US. Attorney for the Southern District of Texas
McAllen, Texas via email at usatxsatt @usdo'p?ov

 

November 5, 2018

The Texas Civil Rights Project (TCRP) continues to screen adult migrant defendants being
charged under 8 U.S.C, ss 1325 and 1326 to identify and monitor family separations occurring as a
result of the US Department of Justice?s ?zero tolerance? policy. In that capacity, TCRP intends to
send case specific communications when a parent seeks family reunification with a minor child or
children following the completion of criminal proceedings.

On November 5, 2018, TCRP interviewed
who seeks immediate reunification with his minor son and daughter following the
completion of his federal criminal sentence. TCRP respectfully requests that the government
immediately prioritize review of this request for family reunification.

Mumme?

COB: El Salvador
A No:
Docket No:

MinorName?

COB: El Salvador



Minor Name:
COB: El Salvador
DOB

We respectfully request the appropriate U.S. agencies and DHS components investigate this
matter to ensure compliance with the Executive Order which requires agencies to ?maintain
custody of alien families during the pendency of any criminal improper entry or immigration
proceedings involving their members,? absent a risk to the child?s welfare. See Executive Order,
Affording Congress an Opportunity to Address Family Separation 2018 WL 3046068 (June

Exhibit 8

Case Document 4-1 Filed 01/03/19 Page 61 of 63

 
   

 

 

Laura Pc?a, Attorney

I Texas Civil Rights Project

. 1017W. HackberryAvenue
CIVIL RICH IS Alamo,Texas78516
Cell: 202-297'7808

email: 

20, 2018). Moreover, a federal injunction prohibits the US. government from separating parents
from their children, ?absent a determination that the parent is unfit or presents a danger to their
child,? and further requires the government to reunite parents with their children ?when the parent
is returned to immigration custody after their criminal proceedings conclude.? See Ms. 19.
Immigration 8 Customs Enft No. 18CV0428 DMS (MDD), 2018 WL 3129486, at *1 (SD. Cal.
June 26, 2018).

Additional information regarding the details of the family separation maybe provided via telephone
or in?person meeting. Please do not hesitate to reach out to us with any questions or concerns. We
stand ready to assist with immediate reunification.

Respectfully,



Laura Pe?a
Attorney
Texas Civil Rights Project

Exhibit 8

Case 1:19-cv-00015-PLF Document 4-1 Filed 01/03/19 Page 62 of 63

EXHIBIT 9

(attached)

Exhibit 9

 Case Document 4-1 Filed 01/03/19 Page 63 of 63

US. Department of Homeland Security
P. O. Box 670626
Houston, TX 77267

US. Citizenship
and Immigration
Services

 

 

January2, 2018

Norma Sepulveda
PO Box 533517
Harlingen, TX 78553

RE: 
Dear Counsel,

We have received your correspondence dated December 22, 2018 requesting that USCIS
reconsider its negative credible fear determination for your client. USCIS credible fear
screening determinations are not subject to motions to reopen or reconsider. Governing
regulations provide that the avenue for an applicant to challenge a USCIS credible fear
screening determination is to seek review of that screening determination from an immigration
judge. While USCIS can, solely in its own discretion, reconsider its screening determination
where information comes to its attention that it believes warrants such action, USCIS does not
believe such reconsideration is warranted in your client?s case.

Sincerely,

for Robert Daum, Director
Houston Asylum Of?ce

Exhibit 9