United States District Court Eastern District of Michigan Southern Division

Case 2:17-cv-11910-MAG-DRG ECF No. 473-1 filed 11/01/18 PageID.12894 Page 1 of 9

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

USAMA J. HAMAMA, et al., Petitioners and Plaintiffs, Case No. 17-cv-11910

v. Hon. Mark A. Goldsmith Mag. David R. Grand REBECCA ADDUCCI, et al., Respondents and Defendants. Class Action

INDEX OF EXHIBITS

Exhibit 1 Chronology Redacted Pursuant to ECF 453

Exhibit 1-1 Undated Memo titled, "Meeting with Iraqi Embassy Regarding Litigation Volunteers" ICE-0270495 to 500 Redacted Pursuant to Fed. R. Civ. P. 5.2 and ECF 470

Exhibit 1-2 October 25, 2016 Briefing Materials for Meeting with Department of State, Bureau of Consular Affairs, Assistant Secretary (AS) Michele T. Bond and Charge d’Affairs of Iraq to the United States Mohammed Jawad Al Quraishy ICE-0298501 to 04 Redacted Pursuant to ECF 470

Exhibit 1-3 December 30, 2016 Email from A. Fenzel to B. Koontz re Iraq ICE-0269779 to 83 Redacted Pursuant to ECF 453 and ECF 470

Exhibit 1-4 February 11, 2016 Email from J. Clinton to Y. Alanpaqi re Meeting with [] Deputy Foreign Minister Khirullah, Ambassador Lukman Faily, and Assistant Director Piniero ICE-0298713 to 15 Redacted Pursuant to ECF 470 Case 2:17-cv-11910-MAG-DRG ECF No. 473-1 filed 11/01/18 PageID.12895 Page 2 of 9

Exhibit 1-5 September 14, 2016 ICE Travel Document Presentation ICE-0295779 to 97 Redacted Pursuant to Fed. R. Civ. P. 5.2 and ECF 470

Exhibit 1-6 June 21, 2017 ICE Travel Document Presentation ICE-0267477 to 87 Redacted Pursuant to Fed. R. Civ. P. 5.2 and ECF 470

Exhibit 1-7 GOI Form ICE-0267496 Redacted Pursuant to Fed. R. Civ. P. 5.2

Exhibit 1-8 December 6, 2016 Letter from Iraqi Consulate General to DHS and ICE ICE-0269762 Redacted Pursuant to Fed. R. Civ. P. 5.2

Exhibit 1-9 July 7, 2017 Email from F. Farmer to J. Clinton re Read Ahead: Meeting with U.S. Ambassador to Iraq – Douglas Sillman ICE-0269071 to 75 Redacted Pursuant to ECF 470

Exhibit 1-10 April 26, 2017 Email from J. Schultz to F. Farmer re Iraq Accepts First Deportations since 2011 ICE-0297785 to 87 Redacted Pursuant to ECF 470

Exhibit 1-11 March 7, 2017 Email from B. Raedy to M. Pineiro re OPA Issue – Recalcitrant Countries – Iraq ICE-0296207 to 09 Redacted Pursuant to ECF 453 and ECF 470

Exhibit 1-12 Undated Memo titled, “Removal Issues Concerning Iraq” ICE-0271069

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Exhibit 1-13 March 14, 2017 Email from J. Schultz to M. Pineiro re Iraq Inter-ministerial Committee on Deportation Outlines Deportations Facilitation ICE-0271129 to 32 Redacted Pursuant to ECF 470

Exhibit 1-14 Undated Memo titled, “Iraq Proposal” ICE-0297798 to 99 Filed Under Seal Pursuant to ECF 453

Exhibit 1-15 2017 Memo titled, "ICE Update on the Removal Cooperative Initiative" ICE-0270938-944 Redacted Pursuant to ECF 453

Exhibit 1-16 June 1, 2017 Email from J. Reid to C. George re PHI Iraqi ICE-0271766 to 68 Redacted Pursuant to Fed. R. Civ. P. 5.2 and ECF 470

Exhibit 1-17 June 30, 2017 Email from C. George to F. Farmer re For Your Awareness ICE-0269196 to 202 Redacted Pursuant to Fed. R. Civ. P. 5.2 and ECF 470

Exhibit 1-18 June 19, 2017 Email from J. Clinton forwarding June 7, 2017 Letter from Iraqi Embassy to DHS ICE-0298490 to 93 Redacted Pursuant to Fed. R. Civ. P. 5.2 and ECF 470

Exhibit 1-19 June 20, 2017 Email from B. Koontz re Baghdad update 6/16 ICE-0269470 to 76 Redacted Pursuant to ECF 470

Exhibit 1-20 June 20, 2017 Email from J. Tampio to D. Salie re Baghdad update 6/16 ICE-0269416 to 22 Redacted Pursuant to ECF 470

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Exhibit 1-21 June 19, 2017 Email from J. Clinton to F. Farmer re Baghdad update 6/16 ICE-0269537 to 42 Redacted Pursuant to ECF 470

Exhibit 1-22 ICE’s Supplemental Response to Interrogatory No. 12

Exhibit 1-23 June 23, 2017 Email from M. King to G. Hamilton DHSHamama000097 to 104 Redactions Made by Respondents Redacted Pursuant to ECF 470

Exhibit 1-24 July 19, 2017 Memo titled, "Removal Efforts and Challenges: Iraq" ICE-0297770 to 74

Exhibit 1-25 Undated Memo titled, “Background Information on Iraq” DHSHamama 000001 Redactions Made by Respondents

Exhibit 1-26 June 30, 2017 Email from K. Holt to M. King re Update DHSHamama000111 to 116 Redactions Made by Respondents Redacted Pursuant to ECF 470

Exhibit 1-27 June 30, 2017 Email from M. King to M. Dougherty re Update DHSHamama000116 to 20 Redactions Made by Respondents Redacted Pursuant to ECF 470

Exhibit 1-28 July 26, 2017 Email from J. Schultz to M. Pineiro re Iraq ICE-0296142 to 43 Redactions Made by Respondents Redacted Pursuant to ECF 470

Exhibit 1-29 July 11, 2017 Email from J. Schultz re Anything new? ICE-0268963 to 72 Redacted Pursuant to ECF 470

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Exhibit 1-30 July 11, 2017 Email from C. George to F. Floyd re Charger request memo for Iraqi Removal mission on July 25 2017 ICE-0269873 to 76

Exhibit 1-31 July 18, 2017 Email from S. Riedman to J. Schultz re Ordered Removal Proceedings ICE-0297633 to 41 Redacted Pursuant to ECF 470

Exhibit 1-32 July 17, 2017 Email from S. Riedman to J. Schultz re Ordered Removal Proceedings ICE-0297588 to 94 Redacted Pursuant to ECF 470

Exhibit 1-33 July 17, 2017 Email from J. Schultz to P. Shea re Detainee Interviews ICE-0271020 to 21 Redacted Pursuant to ECF 470

Exhibit 1-34 July 19, 2017 Email from B. Koontz to J. Schultz re Iraq Interviews ICE-0271030 to 36 Redacted Pursuant to ECF 470

Exhibit 1-35 July 20, 2017 Email from F. Farmer to J. Schultz re Sanctions Iraq (Schultz Deposition Exhibit 22) ICE-0271028 Redacted Pursuant to ECF 470

Exhibit 1-36 Undated Memo to T. Homan from M. Albence re Recommendations to Initiate the Process to Invoke Visa Sanctions under Section 243(d) of the Immigration and Nationality Act against Iraq ICE-0296029 to 34

Exhibit 1-37 July 29, 2017 News article, “Families in America still fear return to Iraq, despite a halt in deportation,” Rudaw

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Exhibit 1-38 August 4, 2017 Email from J. Schultz to A. Joseph re sanctions ICE-0270929 to 36 Redacted Pursuant to ECF 453 and ECF 470

Exhibit 1-39 October 2, 2017 Email from J. Schultz to E. Katz re Iraq and removals issue ICE-0295964 to 66 Redactions Made by Respondents Redacted Pursuant to ECF 470

Exhibit 1-40 DHS’s Supplemental Response to Interrogatory No. 12

Exhibit 1-41 Undated Briefing Notes for Meeting with Iraqi Deputy Foreign Minister Nizar Issa Abdu-Hadi Al-Khairalla with handwritten notes of A. Kisselburg Hamama000050 to 52 Redactions Made by Respondents

Exhibit 1-42 December 6, 2017 Email from A. Kisselburg to J. Schultz re Iraq DFM Meeting ICE-0296786 to 87 Redacted Pursuant to ECF 470

Exhibit 1-43 January 2, 2018 Email from D. Hoffman to M. King re DHS- Iraqi Meeting on Deportees Wishing to Return DHSHamama000066 to 67 Redacted Pursuant to ECF 470

Exhibit 1-44 DHS’s Second Supplemental Interrogatory Responses

Exhibit 1-45 February 15, 2018 Email from M. Bernacke to K. Clark re Volunteer detention locations ICE-0270693 to 700 Redacted Pursuant to Fed. R. Civ. P. 5.2 and ECF 470

Exhibit 1-46 March 2018 Letter from Iraq’s Ministry of Migration and Displacement

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Exhibit 1-47 June 15, 2018 Letter from M. Bernacke to Iraqi Ambassador Fareed Yasseen Redacted Pursuant to Fed. R. Civ. P. 5.2 and ECF 470

Exhibit 1-48 January 2018 Emails between M. Bernacke and J. Clinton ICE-0270850 to 53 Redacted Pursuant to ECF 470

Exhibit 1-49 July 10, 2018 News article, “Forced deportations of Iraqi asylum seekers on hold”

Exhibit 1-50 Printout of Iraqi Ministry of Foreign Affairs website

Exhibit 1-51 July 31, 2018 Email from C. Alsterberg re Supplemental Information – Hamama – ECF 316 – Farmville and York TD Information Redacted Pursuant to Fed. R. Civ. P. 5.2

Exhibit 1-52 July 29, 2018 Letter from Republic of Iraq Ministry of Migration and the Displaced re Forced Return

Exhibit 1-53 Translation of July 29, 2018 Letter from Republic of Iraq Ministry of Migration and the Displaced re Forced Return

Exhibit 1-54 ICE’s Interrogatory Responses

Exhibit 1-55 ICE’s Supplemental Interrogatory Responses

Exhibit 1-56 DHS’s Interrogatory Responses

Exhibit 1-57 November 28, 2017 Email from J. Laughlin to J. Schultz re Iraqi Releases ICE-0295996 to 98 Redacted Pursuant to Fed. R. Civ. P. 5.2 Redactions Made by Respondents

Exhibit 1-58 Travel Documents Redacted Pursuant to Fed. R. Civ. P. 5.2

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Exhibit 1-59 December 5, 2017 Memo titled, "Meeting with Iraqi Deputy Foreign Minister Nizar Issa Abdul-Hadi Al-Khairalla" DHSHamama000058 to 60 Redactions Made by Respondents

Exhibit 2 Declaration of Margo Schlanger, dated August 28, 2018

Exhibit 3 Declaration of Ghada Attieh, dated August 24, 2018 Redacted Pursuant to Fed. R. Civ. P. 5.2

Exhibit 4 Excerpts of July 12, 2018 Deposition Transcript of J. Schultz Redacted Pursuant to ECF 470

Exhibit 5 Excerpts of July 13, 2018 Deposition Transcript of M. Bernacke

Exhibit 6 ICE’s Responses to Interrogatory Nos. 6 and 7

Exhibit 7 Declaration of Edgar Lopez, dated August 15, 2018

Exhibit 8 Declaration of Daniel Smith, dated August 27, 2018

Exhibit 9 Declaration of Perla Gonzalez, dated August 17, 2018

Exhibit 10 Declaration of Edward Amir Bajoka, dated August 22, 2018 Redacted per Court’s Order ECF 338

Exhibit 11 Declaration of Russell Abrutyn, dated August 17, 2018

Exhibit 12 Declaration of Kevin Piecuch, dated August 24, 2018 Redacted per Court’s Order ECF 338

Exhibit 13 Declaration of Christie Moore, dated August 20, 2018 Redacted per Court’s Order ECF 338

Exhibit 14 Declaration of Aneesha Gandhi, dated August 21, 2018 Redacted per Court’s Order ECF 338

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Exhibit 15 Declaration of R. Kaplovitz, dated August 23, 2018 PII Redacted Pursuant to 5.2 Redacted per Court’s Order ECF 338

Exhibit 16 Declaration of Gregory Vanderwoude, dated August 22, 2018 Redacted per Court’s Order ECF 338

Exhibit 17 Declaration of Tonita Dupard North, dated January 18, 2018 Redacted Pursuant to Fed. R. Civ. P. 5.2

Exhibit 18 Declaration of Bryan Pitman, dated November 6, 2017 Redacted Pursuant to Fed. R. Civ. P. 5.2

Exhibit 19 Expert Report of D. Kiminori Nakamura dated June 5, 2018

Exhibit 20 DHS’s August 20, 2018 Responses to Interrogatories

Exhibit 21 DHS’s August 20, 2018 Responses to RFPs

Exhibit 22 ICE’s August 20, 2018 Responses to Interrogatories

Exhibit 23 ICE’s August 20, 2018 Responses to RFPs

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EXHIBIT 2 Case 2:17-cv-11910-MAG-DRG ECF No. 473-62 filed 11/01/18 PageID.13304 Page 2 of 21

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

USAMA JAMIL HAMAMA, et al., Petitioners/Plaintiffs, Case No. 2:17-cv-11910 Hon. Mark A. Goldsmith v. Mag. David R. Grand REBECCA ADDUCCI, et al., Class Action Respondents/Defendants.

FIFTH DECLARATION OF MARGO SCHLANGER

I, Margo Schlanger, hereby make this declaration based upon my own

personal knowledge; if called to testify, I could and would do so competently as

follows:

Qualifications and Sources of Information 1. My qualifications and background are fully set out in my first declaration in this case, dated November 6, 2017, ECF 138-2, PgID3402 ¶¶2-4. As it says, I am the Wade H. and Dores M. McCree Collegiate Professor of Law at the University of Michigan Law School, and counsel for all Petitioners/Plaintiffs. I have since been designated class counsel, as well. ECF 191, PgID5360 ¶1(d).

2. This declaration is based primarily on: the Respondents’ court-ordered disclosures; the Respondents’ answers to Petitioners’ discovery requests (both interrogatories and requests for production); the Department of Justice Executive Office for Immigration Review (EOIR) 1-800 immigration case hotline; and the U.S. Immigration and Customs Enforcement (ICE) online detainee lookup system. All sources are referenced where used. Responses to Petitioners’ requests for production of documents are referred to by the Bates Stamp numbers assigned by Respondents. ICE’s responses are denoted ICE-[number]; DHS’s responses are denoted DHSHamama[number]. Case 2:17-cv-11910-MAG-DRG ECF No. 473-62 filed 11/01/18 PageID.13305 Page 3 of 21

3. By this Court’s order, Respondents were required to respond to Petitioners’ most recent discovery requests, “including production of documents,” by August 20, 2018. ECF 366. On that date, however, Respondents did not produce any of the requested documents and declined to answer all but one interrogatory. They have not produced any additional documents in the days since. In addition, they have not updated the prior interrogatory responses since service of those responses on March 23, 2018.

4. Under this Court’s orders, Respondents disclose information on class member detention location and immigration case progress every two weeks. The most recent disclosure was due August 22, and was provided partially on August 22 and August 23. ICE detention location data was disclosed August 23, and covers individuals in detention as of August 20. EOIR case procedure information was disclosed August 22 and is as of that date. Any stipulations to lift the stay of removal for a class member that occurred on or after August 27 are not included in this declaration. There is one class member, TJ, AXXX-XXX-230, whose detention status is unclear. He is not listed in ICE’s detention disclosure, and his information is not available using ICE’s online detainee locator. Respondents’ counsel reports that ICE will check, but believes he is, in fact, in detention. I have omitted him below because I am not sure if (or where) he is detained.

5. Except when otherwise noted, this declaration is based on information about the (uncertified) primary class, which includes all Iraqi nationals in the United States who had final orders of removal at any point between March 1, 2017 and June 24, 2017 and who have been, or will be, detained for removal by U.S. Immigration and Customs Enforcement. ECF 191, PgID5347-48. When I refer to the Zadvydas subclass, I am using the definition certified by this Court: “All Primary Class Members, who are currently or will be detained in ICE custody, and who do not have an open individual habeas petition seeking release from detention.” ECF 191, PgID5348. Based on monitoring of PACER entries using the names of class members, I am aware of nine detained members of the primary class who are not members of the subclass because they have open individual habeas petitions.

Arrests, the Timing of Detention, and Time Remaining 6. Discovery in this case reveals that Respondents started planning for a mass removal of Iraqi nationals in spring 2017, after eight removals by charter plane in April 2017. The first arrests in anticipation of that mass removal were made May 15, 2017. Ex. 1-17, ICE-0269197. (Other Iraqis were apparently in detention at that time, as well.) In an internal document created in May 2017, ICE reported 29 Iraqi 2 Case 2:17-cv-11910-MAG-DRG ECF No. 473-62 filed 11/01/18 PageID.13306 Page 4 of 21

nationals with final removal orders in detention. Ex.1-15, ICE-0270940. In the course of May and the first 10 days of June, at least 84 were arrested, and as of June 10, 2017, ICE had at least 107 Iraqi nationals with final removal orders in detention. (The number of arrests does not sum to the number in detention because a few people got out.)

7. The weekend of June 11, 2017, ICE conducted mass arrests; about 100 class members entered detention that weekend, mostly arrested by ICE’s Detroit field office. Over the next weeks, many more class members were detained, and by August 21, 2017, there were over 290 class members detained. New detentions then slowed; only about 40 class members have been newly detained since August 21. All told, there are about 340 class members who have been detained in the course of this litigation.

8. Since June 11, 2017, most of the class members have gotten out of detention. At least 152 have been released on bond, nearly all as a result of this Court’s prolonged detention order dated January 2, ECF 191. At least 24 more have been released because they won their immigration cases. 17 were removed after individually waiving this Court’s stay of removal.1 One was removed in violation of this Court’s order. ECF 371. At least 14 were released by ICE without immigration court involvement, 11 on orders of supervision or under formal alternatives to detention requirements. At least one of these was based on a finding that there was no significant likelihood of removal in the reasonably foreseeable future. (The ICE document that lists this individual states: “On 8/17/2017, subject was served an order of supervision due to the inability to remove to Iraq because of the injunction by the federal judge preventing the removal of Iraqi nationals.” Ex. 1-57, ICE-0295998.) One or two of the non-immigration court releases were for medical reasons. For another 6 releases, the reason and circumstances of release are unknown.

9. If the Court of Appeals were to reverse this Court’s January 2 preliminary injunction, many of the class members released on bond would be subject to redetention under 8 U.S.C. § 1226(c). In a prior declaration, I set out the available information about how many class members with open immigration cases are considered by ICE to meet the criteria in §1226(c), and estimated that “approximately 90% of the class member detainees who remain in detention after their MTRs are granted but before resolution of their cases are being held under the

1 In addition, this Court approved one individual’s waiver of the stay of removal, ECF 85, even before entering the July 24 preliminary injunction.

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purported authority of 8 U.S.C. § 1226(c).” ECF 174-3, PgID4917. That estimate addressed the class members then in detention, including those who later got out on bond based on this Court’s order.

10. There are 110 Zadvydas subclass members remaining in detention as of August 20. See Table A for their time in detention. Column a in Table A and also in Table B (below) includes all subclass members; column b is the subset who are currently not covered by this Court’s stay of removal, because they have waived its protection.2 (That is, the numbers in column a include all those in column b.) I picked October 1, 2018 as the cutoff date in Table A, row 4 because that is approximately when Petitioners’ motion will be fully briefed, barring extensions. See L.R. 7.1(e). As the Table shows, by that date (assuming nobody is released or removed) there will be 106 Zadvydas subclass members whose detention has reached six months in duration. Only 4 subclass members will have been detained less than 6 months.

Table A: Class Members’ Detained Dates

a. All b. Prompt Zadvydas Removal subclass Stipulation members Entered 1. Before June 11, 2017 38 6 2. June 11 to Aug. 30, 2017 (over 1 year in detention, as of 9/1/2018) 51 5 3. Sept. 1, 2017 to Feb. 28, 2018 (over 6 months in detention, as of 9/1/2018) 9 3 4. March 1, 2018 to March 31, 2018 (will hit 6 months or more by 10/1/2018) 8 0 5. 5/1/2018 to present 4 0 TOTAL 110 14

Detention Authority and Bond 11. The posture of the Zadvydas subclass members’ cases varies. Table B sets out the data. The first set of rows, labeled 1 and 1.a through 1.d, sets out the bond results for the subclass members. The second and third sets of rows—labeled 2 and

2 I omit subclass member Wisam Ibrahim from the stipulation tally, since his prior attempted waiver is contested. See ECF 356.

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2.a through 2.d and 3 and 3.a through 3.d—divide the subclass by detention authority.3

Table B: Class Member Procedural Posture

a. All Zadvydas b. Prompt Removal subclass members Stipulation Entered 1. TOTAL 110 14 a. Ineligible for Hamama bond hearing4 8 6 b. No bond hearing/result yet 16 c. Bond denied 79 8 d. Bond granted but still in detention5 7 2. Post-Order (§1231) Total 55 14 a. Still time to file an MTR under ECF 87, or 17 MTR in adjudication b. Time to file MTR has expired,6 or lost MTR, 22 10 or inapplicable due to stipulation c. Reopened, but then lost on the merits or 17 4

3 Note: whether 1231 or 1226 applies in particular procedural postures is a complex question and the frequent subject of dispute. The chart is based on my understanding of what ICE considers the applicable detention authority under Sixth Circuit law. The one exception to that is for cases that are fully adjudicated in the BIA. Under Bejjani v. INS, 271 F.3d 670, 689 (6th Cir. 2001), abrogated on other grounds by Fernandez–Vargas v. Gonzales, 548 U.S. 30 (2006), 8 U.S.C. §1226, not §1231, is the detention authority for individuals who have lost on the merits in the BIA, filed a petition for review (PFR) in the court of appeals, and obtained a stay of removal. PFR case documents are largely unavailable using PACER, so I do not have reliable information about them. Accordingly, just for purposes of this chart, I classify cases as “post-order” once the merits are fully adjudicated in the BIA, without regard to PFR litigation. 4 One subclass member is ineligible for bond because he is classified by ICE as an “arriving alien” and is therefore not covered by the language of the Court’s detention preliminary injunction, see ECF 265. The others have had stipulations entered lifting the stay of removal. See ECF 203, PgID5459. (Wisam Ibrahim is tallied in column a but not in column b because the stipulation he agreed to has prevented his bond hearing, but that stipulation is currently contested. ECF 356.) 5 One of these individuals was redetained in circumstances not yet clear to me; the others were apparently unable to post bond. 6 Some of these individuals may have good cause for delay in their motions to reopen; in any event, it remains available to them to file such a motion.

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a. All Zadvydas b. Prompt Removal subclass members Stipulation Entered waived the merits challenge. 3. Pre-Order (§1225 and §1226) Total 55 0 a. Won merits before IJ, pending appeal 2 b. Lost merits before IJ, pending BIA appeal 23 c. Merits pending before IJ 30

12. As Table B shows, the class members in detention are currently evenly split between pre-order and post-order postures. Nearly all of them began detention post-order, but then those who won their motions to reopen shifted to pre-order detention. Some of that group then shifted back to post-order detention when they gave up or lost their cases (row 2.c). Those who remain pre-order have either won or lost before the immigration judge (IJ) and appeal is pending, or their case is still pending before an IJ. (Those who won final relief/protection in their cases are no longer in detention.)

13. Given the variation in posture, it’s hard to know how long the open cases will take to resolve. Different immigration courts are deciding these cases at different speeds. But based on the EOIR disclosures for the subclass, we do know that the Board of Immigration Appeals (BIA) has taken between two months and a year to decide motions to reopen for the current detainees (who, as detainees, are supposed to receive speedier BIA adjudication), with an average of about 6 months. The BIA has taken between 4 months and a year on appeals of IJ denials of MTRs. And the cases pending in the BIA on appeal from MTR denials have been there up to 8 months already. Merits cases can be expected to take longer—it takes time for the merits record to be transferred to the BIA, for example. A detainee who loses his IJ motion to reopen, wins a BIA appeal, loses his merits case on remand, and takes another BIA appeal, can expect that administrative adjudication to take well over a year after the immigration judge denies the motion. I set out more information on MTR adjudication time in my declaration dated November 6, filed in this case as ECF 138-2, ¶¶25-27, PgID3407-3408; and Petitioners summarized information on estimated time for adjudication in their motion for a preliminary injunction on detention issues, ECF 138, PgID3373-3375.

Detention Locations and Conditions 14. As of ICE’s August 23, 2018 detention location disclosure, the 110 Zadvydas subclass members were incarcerated in 33 different detention facilities. Each detention facility that houses more than 2 subclass members is set out in its own row of Table C, and the others are summed in the last two rows.

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Table C: Zadvydas Subclass Detention Locations

Facility Number Calhoun Co* (Battle Creek, MI) 29 Northeast Oh. Correct. (Youngstown, OH) 16 Chippewa Co. Jail* (Sault Ste. Marie, MI) 6 Farmville Detention Center (Farmville, VA) 5 Lasalle ICE Processing Center (Jena, LA) 5 St. Clair Co. Jail* (Port Huron, MI) 5 Denver Contract Det. Fac. (Aurora, CO) 4 Pine Prairie ICE Processing Center (Pine Prairie, LA) 4 Houston Contract Detention Fac. (Houston, TX) 3 Otay Mesa Detention Center* (San Diego, CA) 3 York Co.* (York, PA) 3 Other—7 immigration detention facilities 9 Other—15 jails* 18 * Facility is a jail that also houses criminal defendants and/or convicts.

15. In Table C, an asterisk (*) marks the facilities that are jails, rather than specialized immigration detention centers. All told, most of the subclass member detainees—64 of the 110—are held in jails. The largest number are in the Calhoun County jail, where they are housed alongside pretrial criminal detainees and sentenced prisoners.

May and early June 2017 Travel Documents Requests 16. I have analyzed the data provided by Respondents relating to about 280 travel document presentations ICE submitted to Iraq in May and June, 2017. The data is from Ex. 6, ICE’s response to Petitioner Hamama’s Interrogatories 6 and 7 (“Interrogatory 6/7 Response”) and includes the names and A-numbers of each of the individuals covered by this phase of ICE’s deportation efforts, and the date(s) ICE sought travel documents for them. It lists 234 travel document presentations made on May 25, 2017, and another 40 on June 6, 2017, for a total of 274. ICE also produced other documents that state that there were either 239 or 240 in May, and 40 in June 6, for a total of 279 or 280:

 May 16, 2017: “64 non-detained cases submitted to the DOS [U.S. Department of State] for TD presentation” to the Iraqi inter-agency committee. Ex. 1-15, ICE-0269197.

 May 17, 2017: “List of 26 detained final order cases sent to DOS for presentation to the Iraqi MFA.” Id.

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 May 22, 2017: “149 additional non-detained cases submitted to the DOS for TD presentation.” Id. [Note: 64+26+149 = 239]

 May 25, 2017: “DOS submitted all 240 presentations to the Iraqi MFA [Ministry of Foreign Affairs] along with a Dipnote [diplomatic note] for the upcoming June charter.” Id.

 June 6, 2017: “40 add-on cases submitted to DOS for the June charter.” Id. 17. As the quotations above show, the May 16 and May 22 cases were non- detained cases—that is, that the individuals in question were not in detention at the time when ICE sought the travel documents for them. The May 17 cases and June 6 “add-on cases” were detained cases. The June 6 cases were apparently chosen based on the covered individuals’ recent arrests. Id. (“As the field continued to make arrests of non-detained Iraqi nationals, RIO [Removal and International Operations] noticed a trend in which there were cases arrested that were not included on the original list of 240 cases submitted to the MFA [Iraq Ministry of Foreign Affairs] for approval. RIO asks DOS [Department of State] if we still can submit more cases . . . DOS agrees to allow RIO to submit more cases but needs them ASAP.”).

18. Among ICE’s other discovery disclosures are a letter from the Iraqi Embassy to ICE, dated June 7, 2017. The letter was contemporaneously described by an ICE officer as a “blanket denial” of the travel document requests for 24 individuals. Ex. 1-18, ICE-0298490. Accompanying the blanket denial, the Iraqi Embassy wrote ICE: “With reference to your request for travel documents for the aliens whose names are listed in the attachment, kindly be advised the Embassy of the Republic of Iraq in Washington D.C. is unable to issue such travel documents . . . . The applicant should express orally and in writing his willingness to return to Iraq voluntarily in order to be issued a travel document.”Id. at ICE-0298493.

19. Three of these 24 individuals are named Petitioners in this lawsuit: Usama Hamama, Jihan Asker, and Sami Al-Issawi. I checked the names and A-numbers of the other individuals against ICE’s biweekly disclosures, and confirmed that each of the 24 affected individuals was, indeed, a class member. Of the 24 listed, 11 have not (so far) been detained during the course of this litigation. One was actually in detention even before ICE received the June 7 denial, seven more were arrested on July 11 or 12, and another four over the next month (i.e., during late June or July 2017). (The remaining individual was arrested later.) Four are still detained. Those released were released on bond, nearly all after more than six months of detention and pursuant to this Court’s detention preliminary injunction, 8 Case 2:17-cv-11910-MAG-DRG ECF No. 473-62 filed 11/01/18 PageID.13312 Page 10 of 21

ECF 191. Notwithstanding Iraq’s June 2017 refusal of travel documents, not one was released on the grounds that his or her removal was not significantly likely in the reasonably foreseeable future.

20. In July 2018, Petitioners deposed John Schultz, the ICE Deputy Assistant Director responsible for obtaining travel documents for Iraqis. He testified that this June 7, 2017 denial letter was not, in fact a denial—instead, he said, this letter was the Iraqi Embassy’s implicit instruction to ICE to send the travel document requests to the Iraqi foreign ministry. Mr. Schultz speculated that for these 24 individuals, ICE had made travel document requests not to the foreign ministry, in Baghdad, but to Iraq’s embassy, in Washington DC. He testified that he “can only surmise from this letter that Julius [the Unit Chief Mr. Schultz supervised] sent those cases to the Iraq Embassy in Washington, DC,” but admitted, “I do not know for sure.” He also admitted that it was possible that “what the embassy is saying here has been directed by Baghdad.” Ex. 4, Schultz Dep. at 147-152.

21. ICE’s response to Petitioners’ interrogatories seeking information about travel document/repatriation requests (ICE Interrogatory 6/7 Response) states, “From March 2017 to November 2017, ICE sent travel document requests directly to the Department of State (DOS) in Baghdad. DOS submitted the requests to the Government of Iraq in Baghdad.” My analysis of the ICE disclosures further demonstrates that in fact the travel document requests in question had indeed been submitted to the foreign ministry, via the Department of State. Prompted by Mr. Schultz’s testimony, I compared the individuals named in the June 7, 2017 blanket denial letter, using their names and A-numbers, to the list of travel document presentations submitted via the Department of State to the Iraqi foreign ministry. Each of the 24 individuals named in the June 7, 2017 letter was listed in ICE’s Interrogatory 6/7 Response as the subject of a travel document presentation on May 25, 2017—the travel document presentations described above as “submitted to the DOS [U.S. Department of State] for TD presentation” in Baghdad.

22. ICE’s Interrogatory 6/7 Response also shows that ICE did not receive any travel documents from any of the approximately 280 requests made May 25 or June 6. Of these individuals, only 18 have since received travel documents, based on subsequent resubmissions, as of nearly 18 months after the initial requests.

The Cancelled June and July Planes and the Possibility of Removals in June 23. Documents disclosed in this case demonstrate that ICE hoped to deport a large number of individuals using a charter flight to Iraq in late June 2017. ICE officials designated individual Iraqi nationals for inclusion on that flight—creating

9 Case 2:17-cv-11910-MAG-DRG ECF No. 473-62 filed 11/01/18 PageID.13313 Page 11 of 21

a list of approximately 75 proposed passengers, all class members. ICE has disclosed the names and A-numbers of these individuals. Using names and A- numbers, I compared the June flight list to the list of ICE’s approximately 280 travel document presentations from May 25 and June 6, 2017; everyone on the June charter flight list was the subject of a travel document presentation, via the State Department, on May 25 or June 6.

24. My analysis, explained in paragraphs ¶¶25-29 shows that up until the night of June 26, 2017, there were many Iraqi nationals in ICE custody—including many for whom ICE had requested travel documents and many from the June charter list—who were not covered by this Court’s first temporary restraining order, and hence could have been removed, had Iraq been willing to accept their return.

25. Early in this litigation, pursuant to Court order, see ECF 87, PgID2356, ICE disclosed the detention histories from March 6, 2017 to July 28, 2017 for class members still in detention as of July 28, 2017. (Respondents did not disclose a list of absolutely all the arrests made in June; the disclosure was limited to those still in detention as of July 28.) There were 276 such individuals, of whom 230 were arrested before June 22, when the Court entered the first temporary restraining order. Of the 230 listed arrests before June 22, ICE had sought travel documents for 130 in the May 25 or June 6 travel document presentations, and had designated 68 of them for the June flight.

26. Petitioners filed this lawsuit on June 15, 2017, seeking to represent a class of “all Iraqi nationals within the jurisdiction of the Detroit ICE Field Office, with final orders of removal, who have been, or will be, arrested and detained by ICE as a result of Iraq’s recent decision to issue travel documents to facilitate U.S. removals.” ECF 1, PgID20. On June 22, 2017, at 6:37 p.m., the Court agreed to the requested temporary restraining order blocking deportation of Iraqi nationals “within the jurisdiction of the Detroit ICE Field Office. . . , including those detained in Michigan and transferred outside of Michigan to other detention locations.” ECF 32, PgID502. (I know the time of the order because it was electronically distributed to counsel.)

27. On June 26, 2017, at 8:57 p.m. (again, I know the time because of electronic distribution from the court), the Court expanded the temporary restraining order to cover a nationwide class: “all Iraqi nationals in the United States with final orders of removal, who have been, or will be, arrested and detained by ICE as a result of Iraq’s recent decision to issue travel documents to facilitate U.S. removal.” ECF 43, PgID676.

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28. Thus up until the night of June 26, ICE’s ability to deport Iraqis not “within the jurisdiction of the Detroit ICE Field Office” was unconstrained by this litigation. ICE’s Detroit Field Office has jurisdiction over all of Michigan and Ohio; ICE refers to this area as the Detroit Area of Responsibility or AOR. See https://www.ice.gov/contact/ero. In order to see how many Iraqi nationals whom ICE had in custody at that time (and hence available to be removed) were outside the Detroit Field Office’s jurisdiction, I cross-referenced the arrested individuals and their disclosed detention records. I flagged each individual who had been detained prior to June 26 for any period of time in either Ohio or Michigan. Individuals who were not detained in Ohio or Michigan were not covered by the first temporary restraining order, and remained amenable to deportation—if Iraq had provided travel documents and permission for ICE’s hoped-for charter flight.

29. Of the 274 individuals listed as covered by the May 25 and June 6 travel document presentations, 194 had not, by July 24, been for any period of time in Michigan or Ohio. Of the 230 individuals listed as arrested prior to June 22, 2017, 97 were not detained for any period of time in Michigan or Ohio. And of the 76 individuals listed as intended passengers of the hoped-for June charter flight, 52 were not detained for any period of time in Michigan or Ohio. ICE could have deported any or all of these individuals without violating the June 22, 2017 temporary restraining order. But as already stated, ICE’s Interrogatory 6/7 Response shows that Iraq did not grant travel documents for any of these individuals in June 2017—or, for that matter, in July 2017.

30. According to ICE’s Interrogatory 6/7 Response, on June 20, 2017, ICE resubmitted travel document requests for 89 class members, each previously the subject of a travel document presentation on May 25 or June 6. The Response notes that Iraq conducted 74 interviews of the listed individuals in July 2017, but that it did not grant any travel documents.

Other Consular Interviews and Travel Document Grants and Denials 31. After the three rounds of travel document presentations just described (May 25, June 6, and June 20)—none of which led to any issuance of travel documents—ICE has submitted travel document requests in several more clusters. These first few of these are spelled out in ICE’s Interrogatory 6/7 Response, and are summarized in Table D.

32. As Table D shows, for 13 requests made December to February 2018, ICE notes that the Iraqi embassy responded on March 20, 2018 with a “Verbal Agreement from Iraq Embassy in U.S. to Issue TD for upcoming removal.” Of

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these 13 individuals, ten have been removed as of Respondents’ most recent data disclosure on August 22, five months after that assurance is said to have been received. However, in May 2018, ICE also went back to the Iraqi embassy and obtained consular interviews for three of the 13 individuals (including one of the ten actually removed), so the “verbal agreement” was evidently not definitive.

33. All told, Table D shows ICE submitted 67 travel document presentations from September 2017 through March 2018 listed in its Interrogatory 6/7 Response; these were for 60 individual class members (there were several repeats).

34. As the table shows in the rows for requests made October 2017 and January 2018, in late January 2018 there were four consular interviews in which Iraq encountered detainees who were unwilling to acquiesce in their own removal. These were of SAS, AXXX-XXX-637 (who was not a class member, because of the date of his removal order); AK, AXXX-XXX-016 (also not a class member, although that became known only later, see ECF 212, 223, 232); GA, AXXX- XXX-821, and MAB, AXXX-XXX-307. ICE’s Interrogatory 6/7 Response— which includes all travel document submissions, including many resubmissions— has no entry indicating that ICE or the embassy responded to those January 2018 denials by submitting the travel document presentations to the Iraqi Ministry of Foreign Affairs. Mr. AS, the non-class member, was released on a post-order custody review. See ¶44, infra. The other three, all class members or believed to be class members, remained—and to this day, remain—in detention.

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Table D: Travel Document Requests and Responses a. b. c. d. e. f. Request # of # Approved, # Approved, Volunteer # Declined: Reason (Date) # Other: No outcome (Date) date requests NON-Volunteer (Date) (Date) Sept. 2017 1 0 1 (12/2017) 0 Oct. 2017 5 0 2 (11/21, 11/28) 2: withdrew request for removal (10/19/2018) 1: Embassy notified ICE that he did not want to return (1/25/2018) Nov. 2017 4 0 2 (1/3/2018) 1: withdrew request for removal 1: Embassy “stated that request (11/14/2017) will be processed”) (3/20/2018) Dec. 2017 6 0 2: Verbal agreement to issue 3: withdrew request for removal 1: Embassy “stated that request (3/20/2018) (varied dates) will be processed”) (3/20/2018) Jan. 2018 9 0 5: Verbal agreement from 3: Embassy notified ICE that he 1: Interviewed (1/25/2018) embassy to issue did not want to return (1/24 & (3/20/2018) 1/25/2018) Feb. 2018 7 0 6: Verbal agreement from 0 1: Embassy “stated request will embassy to issue be processed” (3/20/2018) (3/20/2018) Mar. 2018 35 0 0 0 35: Embassy “stated request will be processed” (3/20/2018) TOTAL* 60 0 17 9 34 * The total is not a sum of the rows because it eliminates multiple submissions for the same individuals.

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35. After this court’s entry on July 24, 2017 of the preliminary injunction staying removal, and prior to March 20, 2018, ICE’s travel document presentations to Iraq were largely, though not exclusively, for detainees who had expressed some desire to waive the protection of this Court’s stay of removal. In some of these cases, once these detainees discussed their situations with counsel, pursuant to this Court’s order, ECF 110, it became clear that they had not understood the issues or they changed their mind. Therefore no “prompt removal” stipulation was submitted to the Court and the stay of removal remained in place.

36. Beginning with the large round of travel document presentations submitted March 20, 2018, ICE’s Interrogatory 6/7 Response demonstrates that ICE’s approach changed. (Under this Court’s order, most class members’ motions to reopen were due in February 2018.) Of the 35 travel document requests submitted March 20, 2018, 22 of them were for class members who had either not submitted a motion to reopen by the deadline or not appealed an immigration judge’s denial of their motion. However, for the other 13, ICE sought travel documents for individuals who were still fighting their immigration cases; while their removal orders were technically “final,” they had live prospects for reviving those cases. Eleven had motions to reopen still pending. (Five of them have since won reopening, and several are still pending.) One additional class member had not yet hit his motion to reopen deadline under ECF 87; he did soon file a motion to reopen, which he won. And the final class member of this group of 13 actually had, a few days before, already won reopening, and so did not have an extant removal order at all.

37. As far as can be ascertained from ICE’s disclosures, all the travel documents issued after April 2017 and prior to June 2018 seem to have been for individuals who both waived this Court’s stay of removal and who informed Iraq’s consular officials that they were willing to be removed to Iraq. Numerous times, Iraq denied travel documents after an interview in which a detainee declined to agree to his own removal.

38. Most recently, Iraqi officials have conducted three rounds of interviews; these are tallied in Table E. On May 23, 2018, Iraqi consular officials conducted 33 interviews of class members at the Stewart Detention Center in Lumpkin, Georgia. (According to a declaration by James Maddox, ECF 311-3, Iraqi officials conducted a total of 42 consular interviews. Some were of non-class members.) As with the March 20, 2018 travel document submissions, these most recent interviews included numerous individuals who were not amenable to deportation under this Court’s stay of removal; five with pending motions to reopen, and seven whose motions to reopen were not yet due. Similarly, when ICE arranged for 10 14 Case 2:17-cv-11910-MAG-DRG ECF No. 473-62 filed 11/01/18 PageID.13318 Page 16 of 21

consular interviews in Farmville, Virginia on June 28, 2018, and 6 more in York, Pennsylvania on July 19, 2018, of these 16 individuals two had pending motions to reopen, and six had not yet reached the deadline for filing such a motion.

Table E: Consular Interviews Since May 2018 a. b. c. d. e. # of interviews # Approved, # Approved, # Declined: Reason # Other: Outcome (Location, Date) NON-“Volunteer” “Volunteer”* (Date) (Date) (Date) (Date) 33 4 26 2: Embassy stated 1: More info. they are not Iraqi requested Stewart, 5/23/2018 (7/10/2018) (6/8/2018) (6/8/2018) (6/8/2018) 10 10: No decision Farmville, 6/28/2018 6 6: No decision York, 7/19/2018 TOTAL 4 26 2 17 * The word “volunteer” in this column means only that the individual in question signed Iraq’s form that stated he was “return[ing] voluntarily” to Iraq. See Ex. 3 at Exhibits A-K for examples of the form. Petitioners have brought to the Court’s attention numerous examples of coercion inducing detainees to sign although they do not wish to return to Iraq, ECF 307, and the Court responded by instituting some helpful safeguards. ECF 370. 39. For 23 of the total 49 individuals who have participated in the three sets of consular interviews from May to July 2018, ICE had previously requested travel documents, requests that are included in Table D columns e and f. According to an ICE declaration, on June 8, the Iraqi embassy issued one-way laissez-passers for 26 of them—all individuals interviewed on May 23, at Stewart, who signed the Iraqi form acquiescing to removal. The embassy denied two, requested more information for one, and sent six of the files—those for detainees who declined to sign the acquiescence form—to Iraq for consideration by the Ministry of Foreign Affairs. Maddox Dec., ECF 311-3, PgID7480. Of those six detainees, four are subclass members.

40. Respondents eventually disclosed that travel documents were issued on July 10 for the six detainees who had not signed the GOI form and whose files were sent to Baghdad. They are:

 Sabeeh Alsaad, AXXX-XXX-798  AO, AXXX-XXX-985 (non class member)  RAA, AXXX-XXX- 968 (non class member)

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 AK, AXXX-XXX-689  ODD, AXXX-XXX-561  KP, AXXX-XXX-207

The first three listed individuals are unprotected by this Court’s stay of removal, and are therefore available to be deported whenever ICE is able to do so.7 Yet as of August 27, 2018, ICE’s online detainee locator shows all still in detention. Likewise, the three individuals whom Iraqi officials declined to accept for other reasons—because they were not Iraqi, or because more information was needed— are also still in detention.

41. ICE is required by ECF 316 to disclose any additional travel documents obtained for other class members. There have been no travel documents issued since July 10, although two months have passed since the 10 interviews in Farmville.

Removal difficulties unrelated to this Court’s stay of removal. 42. There is a great deal of evidence that ICE faces tremendous obstacles to effectuating removals to Iraq, which cause long delays and often make removals impossible. These are wholly separate from this Court’s stay of removal. As discussed above, ICE frequently cannot obtain travel documents. But even when it does obtain travel documents, the task of arranging flights is very challenging and may not, in the end, succeed. The succeeding paragraphs provide detail.

Non-class members 43. Respondents have not provided full information about Iraqi nationals who are not class members, and therefore not protected by this Court’s stay of removal. But it is clear that ICE has been unable to remove at least some—and possibly all—such individuals who have not agreed to their own removal when interviewed by Iraqi officials.

44. The discovery in this case covers one such individual, SAS, AXXX-XXX- 637.8 In its response to Hamama Interrogatory 6 and 7, ICE provided the

7 This court lifted the stay of removal for Mr. Alsaad under the prompt removal process. ECF 252. 8 There is also a great deal of information about Mr. AS available from an article published in The Intercept. See Ryan Devereaux, An Iraqi Family Sought

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information that it had requested a travel document for Mr. AS on Oct. 3, 2017, and that the Iraqi embassy conducted a consular interview on Jan. 25, 2018, but that the request was denied because, the Embassy informed ICE, “he did not want to return.” Mr. AS had not been in any prior ICE disclosures. By calling EOIR’s 1- 800 number, I was able to confirm that based on his removal order date, he is not a class member. And by periodically checking ICE’s online detainee locator, I determined that he was released from detention at some point in the spring. I was able to obtain a copy of his order of supervision, which lists his final removal order date as August 26, 2017, and states, “Because the agency has not effected your deportation or removal during the period prescribed by law, it is ordered that you be placed under supervision and permitted to be at large under the following conditions . . . .” It is dated February 20, 2018—so it was executed just two days before Mr. AS reached the 180th day of post-final-order detention. The order of supervision thus indicates that Mr. AS was released from immigration detention because Iraq declined to accept his repatriation—because he was unwilling to return. His release was the result of a 180-day Post-Order Custody Review.

Class members who waive the protection of the stay of removal 45. Respondents have asserted in declarations that ICE can promptly effect removal where there is no judicial limitation (i.e. for those who have requested removal and for whom the court has then lifted the stay). For example, on December 22, 2017, ICE official Michael Bernacke wrote in a declaration “ICE has also submitted 10 additional travel document requests for putative class members who have voluntarily opted out and is awaiting approval of travel documents for these individuals. ICE expects to receive travel documents for all requested individuals in the very near future.” ECF 184-2, PgID5073, ¶11.

46. My analysis of the length of time it takes for ICE to effectuate removal for class members who have waived the protection of the stay shows that they spend substantial time in detention even after the stay has lifted. ICE’s response to Hamama Interrogatories 6/7 has ten entries that correspond to Mr. Bernacke’s description in the declaration cited above—class members for whom ICE sought travel documents before December 22, 2018, but had not heard a response by that date. Of these, by three months later (when the interrogatory responses were

Asylum in the U.S., Thinking the Worst Was Over. Then Their American Nightmare Began, at https://theintercept.com/2018/03/18/safaa-al-shakarchi- asylum-detention-ice/ (Mar. 18, 2018).

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produced), only two of the ten had actually received travel documents. Travel documents have since issued for one additional individual who was, indeed removed. And it is possible that for one additional individual, Iraq’s March “verbal agreement,” shown in Table D, column d above, can actually be relied upon as likely to result in travel documents. For the other six, ICE’s disclosure states that one was denied (because the individual did not want to return to Iraq) and three withdrawn (for the same reason). For the final two, Iraqi officials had made no promises by March 20 that travel documents would in fact issue; they stated merely that “the request will be processed.” Only four of these individuals have been removed.

47. This Court has ordered a process by which individuals can waive the protection of the stay of removal. As of August 26, 2018, the Court has approved such waivers for 33; for 4 others, Petitioners stipulated to the lifting of the stay because the individuals had agreed that they were not seeking to further litigate their immigration cases class members.9 Only 17 of them have actually been removed. Based on ICE’s court-ordered disclosures, we are able to determine when those removals took place within a week or two. For three, removal occurred a month or less after the Court lifted the stay of removal; for seven, removal took between one and three months after the stay was lifted; for three, removal took three to five months; and for three, removal took over five months after the stay was lifted.

48. Of the 37 class members who have had the stay of removal lifted for them (in many cases, foregoing challenge to their removal orders), 20 remain in detention. For many, travel documents have not yet issued. They have been waiting ever since the Court lifted the stay, some for as long as 8 months. Table F sets them out by name, with the date their stay was lifted, the docket number of the relevant order, and the days elapsed since then (as of August 26, 2018).

49. The very long length of time these individuals have waited, unable to get out of detention, cannot be attributed to the Court’s stay of removal because Table F shows only time accrued after that stay was lifted.

9 This tally omits Wisam Ibrahim, whose attempted waiver is contested. See ECF 356. It also omits Hussein Alrudaini, whose stipulated order, ECF 85, was entered prior to the July 24 preliminary injunction and prior to the Court’s approval of the general process, and who I understand possessed an unexpired Iraqi passport.

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50. As Table F shows, it can take months for ICE to obtain travel documents even for willing repatriates, even after the stay has lifted. In addition, Table F demonstrates that even after travel documents are issued, difficulties can arise that can add months to a class member’s detention. See, e.g., Ex. 9, Declaration of Perla Gonzalez (describing clearance difficulties for class member Nouzat Hanna that are delaying his repatriation for at least two months); Ex. 4, Schultz Dep. at 46, 174-175 (describing commercial flight scheduling difficulties caused by “country clearances and then notification time periods and transiting issues”).

Table F: Class Members without A Stay of Removal Name Stay Lifted Date ECF # Travel document Days since obtained date stay lifted. Dhahir Al Salman 12/18/2017 181 6/8/2018 251 Omar Al Talaqani 12/18/2017 182 6/8/2018 251 Safaa Abdulaziz Al Maliki 2/16/2018 233 6/8/2018 191 Aqil Al Muntafiji 3/7/2018 253 6/8/2018 172 Sabeeh Abed Jasim Alsaad 3/7/2018 252 7/10/2018 172 Muslem Al Rubaiai 4/13/2018 271 6/8/2018 135 Saed Al Zamely 4/13/2018 270 6/8/2018 135 Abdulrazaq Al Shimari 5/10/2018 283 Not issued 108 Aziz Al Darraji 5/24/2018 291 Not issued 94 Ahmad Mirza 5/31/2018 294 6/8/2018 87 Wamidh Al Idani 6/6/2018 300 Unknown 81 Hani Al Bazoni 6/8/2018 303 Not issued 79 Jomaa Al Essa 6/14/2018 309 Not issued 73 Sarkoun Ablahid 6/19/2018 314 Not issued 68 Salar Omar Karim 7/10/2018 332 6/8/2018 47 Mohammed Al Khafaji 7/19/2018 346 Unknown 38 Revan Shawkat Mansoor 7/23/2018 349 6/8/2018 34 Nouzat Hanna 7/30/2018 352 6/8/2018 27 Khalid Al-Asakir 8/7/2018 361 6/8/2018 19 Sarmad Israil 8/22/2018 369 Not issued 4

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Pursuant to 28 U.S.C. § 1746, I state under penalty of perjury under the laws

of the United States that the above statements are true and correct to the best of my

knowledge, information, and belief. Sworn in Washtenaw County, Michigan.

Date: August 28, 2018 Margo Schlanger

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EXHIBIT 3 PII Redacted Pursuant to Fed. R. Civ. P. 5.2 Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13325 Page 2 of 43

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICIDGAN SOUTHERN DIVISION USAMAJAMIL HAMAMA, et al., Plaintiffs/Petitioners, Case No. 2:17-cv-11910 Hon. Mark A. Goldsmith V. Mag. David R. Grand REBECCA ADD UCCI, et al., Defendants/Respondents. Class Action

DECLARATION OF GHADA ATTIEH

I, Ghada Attieh, make this declaration based upon my own personal

knowledge and if called to testify, I could and would do so competently as follows:

1. I am the owner of Beyond Words, an interpretation and translation firm in Washington D.C. I founded the firm in 2005. We specialize in English, French, and Arabic translations.

2. I have a certificate in paralegal studies from Georgetown University; a Masters Degree in Linguistics and a Bachelors degree in Translation from Universite Laval (Quebec, Canada). I am fluent in English, French, and Arabic, with special expertise in interpretation and translation in legal matters.

3. Attached to my declaration are Exhibits A-K. Exhibits A and Beach consist of two documents which are blank, apart from the printed text: an English document and an Arabic document. The Arabic documents which are part of Exhibits A and B are nearly identical to the pre-printed Arabic forms attached as Exhibits C-K. The Arabic and English documents in Exhibit A are not the same as each other, and the Arabic and English documents in Exhibit Bare not the same as each other

4. I was hired by the ACLU to translate several documents in this case- they are attached, with my translations, as Exhibits C-K. They are nearly identical pre-printed forms, in Arabic. They are filled in by hand or have hand-written notes on them. I was asked to translate only the parts that are printed and the dates

1 Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13326 Page 3 of 43

(including those that are in handwriting); I did not translate the other handwriting that appears on the documents.

5. Below is a list of Exhibits A-K, identifying the records by either the number used on the court docket or the Bates stamp number that appears in the center at the bottom of the page and startes with prefix "ICE."

Exhibit A ACLU counsel told me that these documents were provided by Lauren Gilbert and filed with the Court at ECF 307-2, Pg.ID 7330-31. The exhibit consists of both an English and Arabic document. ExhibitB ACLU counsel told me that these documents accompanied the declaration of James Maddox and were filed with the court at ECF 311-3, Pg.ID 7489-90. The exhibit consists of both an English and Arabic document. Exhibit C ICE-0295885; dated 21/3/2016. ExhibitD ICE-0296712; dated 20/6/2016. ExhibitE ICE-0296587; dated 12/30/2016. Exhibit F ICE-0295793; dated [illegible], 2016. Exhibit G ICE-0267486; preprinted date: 2016. Exhibit H ICE-0267496; preprinted date: 2016. Exhibit I ICE-0295669; dated 5/4/2017, with the preprinted year 2016 crossed out and replaced with 2017 (the "6" in "2016" was replaced with a handwritten "7"). ExhibitJ ICE-0267593; preprinted year 2016 crossed out and "06-8- 2017" written by hand. ExhibitK ICE-0296616; dated 04/11/2017, with the preprinted year 2016 crossed out and replaced with 2017 (the "6" in "2016" was replaced with a handwritten "7").

6. I had previously translated the Arabic portion of Exhibit A (which is identified as ECF 307-2, Pg.ID 7331 ). I understand that translation was submitted to the court in this case as ECF 307-3, Pg.ID 7333-36; it is attached to my Declaration as Exhibit A-1. I had not previously seen the English portion of Exhibit A, which is identified as ECF 307-2, Pg.ID 7330. Though both documents have similar language, the English document references a passport rather than a limited-validity passport, omits the phrase "with the knowledge that I don't hold a passport," and adds the sentence "I would like to inform you that I have an old Iraqi passport that is not valid with the number ( )."

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7. The translation of the Arabic page of Exhibit A (ECF 307-2, Pg.ID 7331) is:

8. In Exhibit A, the English document is different from the Arabic document. Below is a reproduction of the English document, showing how it differs from the Arabic version ( deletions are shown in strike-out, and additions are bolded):

Dear Honorable Consul, Subject: Limited Validity Passport I the Iraqi citizen ( ) would like to request the issue of a limited validity passport allowing me to enter Iraq due to my particular situation and my desire to return voluntarily to Iraq, with the knowledge that I don't hold a passport. I would like to inform you that I have an old Iraqi passport that is not valid with the number ( ). With thanks and appreciation, The signature: The name: The date: The address: The telephone number:

9. Exhibit Bis identical to Exhibit A, in both the English and Arabic.

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10. Exhibits C through Kare nearly identical to the Arabic documents in Exhibits A and B; the only difference (apart from omission of a salutation) is the addition of the phrase "to return to to [sic] the homeland." Exhibits C through K are identical to each other except that some have a preprinted year (2016) and others do not.

11. Exhibits C through K read, in translation with the bolded text showing the language that appears on Exhibits C through K but not in the Arabic versions of Exhibits A and B, and strike-outs for language that appears on Exhibits A and B but not Exhibits C through K:

Dear Honorable Consul, Subject: Limited-Validity Passport I, an Iraqi citizen ( ), would like to request a limited-validity passport issued to me [to travel] to Iraq and this is for personal circumstances and my desire to return voluntarily to Iraq, with the knowledge that I don't hold a passport to return to to [sic] the homeland. Signature: Name ofCitiz:en: Date: Address: Telephone number: 12. I hereby certify that the translations just provided are true and accurate versions of the original Arabic documents, and that I am competent in both English and Arabic to render and certify such translations.

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the above statements are true and correct to the best of my knowledge, information, and belief.

Executed this .2. f ~ay of August, 2018, in Washington, DC

Ghada Attieh

4 Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13329 Page 6 of 43

EXHIBIT A CaseCase 2:17-cv-11910-MAG-DRG2:17-cv-11910-MAG-DRG ECFECF No.No. 473-63307-2 filed filed 06/13/18 11/01/18 PageID.7330 PageID.13330 Page Page 8 of7 of9 43

Idle,,..,,, ,.nwto•nNr l11911l1J~

With thanks and apprecfadon,

The signature:

The name:

The date;

The address=

The teJephone number: CaseCase 2:17-cv-11910-MAG-DRG2:17-cv-11910-MAG-DRG ECFECF No.No. 473-63307-2 filed filed 06/13/18 11/01/18 PageID.7331 PageID.13331 Page Page 9 of8 of9 43

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, fa j~ I 'i ~ ,ijJ>a.l .) ~,_IJI 5.>,-.J~ ~.JJ ~ - -..a.uJ.il Jllj, • ,.,~ ,iw-i_, ~ ~

:c:,IJWI Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13332 Page 9 of 43

EXHIBIT A-1 CaseCase 2:17-cv-11910-MAG-DRG2:17-cv-11910-MAG-DRG ECFECF No.No. 307-3473-63 filed filed 06/13/18 11/01/18 PageID.7333 PageID.13333 Page Page 2 of 10 5 of 43 Beyond Words Translation\ Interpretation l Consulting Connecting Cultures Through Language

CERTIFICATE OF TRANSLATION

We, Beyond Words, LLC, hereby certify that the English document entitled Subject/Limited Validity Passport, is a true and accurate version of the original Arabic document. We further certify that we are competent in both English and Arabic to render and certify such translation.

Beyond Words, LLC Signature:

Beyond Words, LLC Printed Name: a '-+' nA- 1'---11.,£\:'rnyrr- 5- ~

NOTARY

District of Columbia: SS

Subscribed and Swom to before me, in my presence, this 6 .\4.- day of ::S u N E , c2o \ ~

Notary Public, DC

My commission expires on o 5/ 14-, 20:J.:?. l

MARALE G. GARABETIAN ,.·••'''''''' '''' '••,,, NOTARY PUBLIC DISTRICT OF COLUMBIA .. ···' G - GAR ,,,,, •. 'v'-' ... -{ '. My Commission Expires May 14, 2023 .... ~ ~'( ,.;;• •. <9,,_ \ : ~ ,._.,. "<9 ·.. ':,.." :"( 0 <·.-a EXP. ,::;;- z o::l>,. z - ~ 5-14-23: '

Beyond Words, LLC \.~;~;· ··········•·;~f.. .-' 910 17th Street NW ·--.... CroF cc1., _.. ··· Surte415 '••, ,,,· Washington, DC 20006 Telephone: (202) 419-1805 [email protected] www.beyond-words.us CaseCase 2:17-cv-11910-MAG-DRG2:17-cv-11910-MAG-DRG ECFECF No.No. 307-3473-63 filed filed 06/13/18 11/01/18 PageID.7334 PageID.13334 Page Page 3 of 11 5 of 43 Beyond Words Translation I Interpretation I Consulting Connecting Cultures Through Lsnguage

I certify that the foregoing statement of my qualifications and the foregoing translation are true and correct, under penalty of perjury under the laws of the United States.

w A~t+'i '/\JdTd lll1 1::;:C.. Sworn in {CJ+Y OR COUP.TY), (&TATE], on this 6th day of June, 2018.

~J.~ A/ticqsignature] Ghada Attieh

District of Columbia: SS Subsc~d and sworn to before me, in my presence, MARALE G. GARABETIAN thisiL_dayof :'.JUN~ ,~ NOTARY PUBLIC DISTRICT OF COWMBIA }Qnul.- ~ MyCo!JmssionExJ,rasMay14,2m3 Marale G. Garabetian, Notary Public, D.C. My commission expires May 14, 2023 .

... •····~·"·~·;;4;,,,,.... -· .-;. ... ·. .fl ,, / v· .;,i p,;· .. <" \ . ,,. -" .,.,.. . ,,. - v✓ •• _.. C : .....~ ,._, '\_..·_y-:. :"'< O EXP, O·z' &,r : :;:_ Z : ': l 5-14-23 , I \, ~;- ... __ .. -··

Beyond Words, LLC 910 17th Street NW Suite 415 Washington, DC 20006 Telephone: (202) 419-1805 inf [email protected] www.beyond-words.us CaseCase 2:17-cv-11910-MAG-DRG2:17-cv-11910-MAG-DRG ECFECF No.No. 307-3473-63 filed filed 06/13/18 11/01/18 PageID.7335 PageID.13335 Page Page 4 of 12 5 of 43

Dear Honorable Consul,

Subiect/ Limited-Validity Passport

I, an Iraqi citizen ( ), would like to request a limited-validity passport issued to me [to travel] to Iraq and this is for personal circumstances and my desire to return voluntarily to Iraq, with the knowledge that I don't hold a passport.

Sincerely,

Signature:

Name of Citizen:

Date:

Address:

Telephone number:

[Illegible] CaseCase 2:17-cv-11910-MAG-DRG2:17-cv-11910-MAG-DRG ECFECF No.No. 307-3473-63 filed filed 06/13/18 11/01/18 PageID.7336 PageID.13336 Page Page 5 of 13 5 of 43 Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13337 Page 14 of 43

EXHIBIT B Case 2:17-cv-11910-MAG-DRG ECF No. 473-63311-3 filed filed 06/15/18 11/01/18 PageID.7489 PageID.13338 Page Page 13 15 of of 14 43

Dear Honorable Consul,

Subject: Passport

I the Iraqi citizen ( ) would like to request the issue of a passport allowing me to enter Iraq due to my particular situation and my desire to return voluntarily to Iraq. I would like to inform you that I have an old Iraqi passport that is not valid with the number ( ).

With thanks and appreciation,

The signature:

The name:

The date:

The address:

The telephone number:

Left thumb fingerprint

74 Case 2:17-cv-11910-MAG-DRG ECF No. 473-63311-3 filed filed 06/15/18 11/01/18 PageID.7490 PageID.13339 Page Page 14 16 of of 14 43

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75 Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13340 Page 17 of 43

EXHIBIT C Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13341 Page 18 of 43 HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER

Dear Honorable Consul,

Subject/ Limited-Validity Passport

[No salutations]

Signature:

Name:

Date: 21/3/2016

Address:

Telephone number:

Left thumb fingerprint

[fingerprint]

ICE - 0295885 HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13342 Page 19 of 43

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: t":!J1.:ill

I CE - 0295885 Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13343 Page 20 of 43

EXHIBIT D Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13344 Page 21 of 43

HIGHLY CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

Dear Honorable Consul,

Subiect/ Limited-Validity Passport

[No salutations]

Signature:

Name:

Date: 20/6/2016

Address:

Telephone number:

Left thumb fingerprint

[fingerprint]

ICE - 0296712 HIGHLy CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13345 Page 22 of 43

. -~- _ti ~t~ ... ~s: r1 .4will r...,..--. u-w- -

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ICE - 0296712 Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13346 Page 23 of 43

EXHIBIT E Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13347 Page 24 of 43 HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER

Dear Honorable Consul,

Subject/ Limited-Validity Passport

[No salutations]

Signature:

Name:

Date:12/30/2016

Address:

Telephone number:

Left thumb fingerprint

ICE - 0296587 Case 2:17-cv-11910-MAG-DRGHIGHLY CONFIDENTIAL ECF No.- SUBJECT 473-63 TO filed PROTECTIVE 11/01/18 PageID.13348ORDER Page 25 of 43

: ~Y\

2016... : t~t:iJI

:~l~I

········- -·-··· ...... ,. ICE - 0296587 Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13349 Page 26 of 43

EXHIBIT F Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13350 Page 27 of 43 HIGHLY CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

Dear Honorable Consul,

Subject/ Limited-Validity Passport

[No salutations]

Signature:

Name:

Date: [illegible handwritten date]/ 2016

Address:

Telephone number:

Left thumb fingerprint

ICE - 0295793 HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13351 Page 28 of 43

ICE - 0295793 Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13352 Page 29 of 43

EXHIBIT G Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13353 Page 30 of 43 HIGHLY CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER

Dear Honorable Consul,

Subject/ Limited-Validity Passport

[No salutations]

Signature:

Name:

Date:_/_/2016

Address:

Telephone number:

Left thumb fingerprint

ICE - 0267486 HIGHLY CONFIDENTIAL Case 2:17-cv-11910-MAG-DRG ECF No.- SUBJECT 473-63 TO filed PROTECTIVE 11/01/18 PageID.13354ORDER Page 31 of 43

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2016/ I : ~J.:i.li

ICE - 0267486 Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13355 Page 32 of 43

EXHIBIT H Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13356 Page 33 of 43 HIGHLY CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

Dear Honorable Consul,

Subject/ Limited-Validity Passport

[No salutations]

Signature:

Name:

Date: _j_}2016

Address:

Telephone number:

Left thumb fingerprint

ICE - 0267496 Case 2:17-cv-11910-MAG-DRGHIGHLY CONFIDENTIAL ECF No.- SUBJECT 473-63 TO filed PROTECTIVE 11/01/18 PageID.13357ORDER Page 34 of 43

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}';= ______ICE - 0267496 Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13358 Page 35 of 43

EXHIBIT I Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13359 Page 36 of 43 HIGHLY CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER

Dear Honorable Consul,

Subiect/ Limited-Validity Passport

[No salutations]

Signature:

Name:

Date: 5/4/201& [handwritten 7]

Address:

Telephone number:

Left thumb fingerprint

[fingerprint]

ICE - 0295669 HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13360 Page 37 of 43

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I CE - 0295669 Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13361 Page 38 of 43

EXHIBIT J Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13362 Page 39 of 43 HIGHLY CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER

Dear Honorable Consul,

Subject/ Limited-Validity Passport

[No salutations]

Signature:

Name:

Date: __J __}~[handwritten 06-8-2017]

Address:

Telephone number:

Left thumb fingerprint

[fingerprint]

ICE - 0267593 HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13363 Page 40 of 43

~1 i)l -;_jyJj fa j~ J=.1 ')l ~\·\..Jc,, J!;Jl ~JI ~_,1:Ji ;.j_,-.,J4 1.,;,~J.J 6\.:;.JI u_,_;1J • ..:,J:.._,11 ....;,;..)

ICE - 0267593 Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13364 Page 41 of 43

EXHIBIT K Case 2:17-cv-11910-MAG-DRG ECF No. 473-63 filed 11/01/18 PageID.13365 Page 42 HIGHLY CONFIDENTIAL- SUBJECT of 43 TO PROTECTIVE ORDER

Dear Honorable Consul,

Subject/ Limited-Validity Passport

[No salutations]

Signature:

Name:

Date: 04/11/2016- [handwritten 7]

Address:

Telephone number:

Left thumb fingerprint

[fingerprint]

ICE - 0296616 Case 2:17-cv-11910-MAG-DRG ECF No.9i996l0 473-63 - 381 filed 11/01/18 PageID.13366 Page 43 of 43

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cl30cl0 3J\ll83l0cld QJ_ l83rsns - 7VllN30l.:1N08 A 7H81H Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13367 Page 1 of 32

EXHIBIT 4 Redacted Pursuant to ECF 470 Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13368 Page 2 of 32

Prepared for you by

The Power of Commitment TM

Bingham Farm /Southfield • Grand Rapids Ann Arbor • Detroit • Fhnt • Jackson • Lansing • Mt. Clemens • Saginaw • Troy Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13369 Page 3 of 32

Page 1 Page 3 · · · · · IN THE UNITED STATES DISTRICT COURT · · · · · ·A P P E A R A N C E S

· · · · ·FOR THE EASTERN DISTRICT OF MICHIGAN ON BEHALF OF THE PLAINTIFFS AND PETITIONERS:

· · · · · · · · · ·SOUTHERN DIVISION · · KIMBERLY L. SCOTT, ESQUIRE

· ·------x · · MILLER, CANFIELD, PADDOCK & STONE, PLC

· USAMA JAMIL HAMAMA, et al.,· · ·: · · Cooperating Attorney, ACLU Fund of Michigan

· · · · · PETITIONERS AND· · · · ·: · · 101 North Main Street, 7th Floor

· · · · · PLAINTIFFS,· · · · · · ·: · · Ann Arbor, Michigan· 48104

· · ·v.· · · · · · · · · · · · · ·:· Case No. · · (734) 668-7696

· REBECCA ADDUCCI, et al.,· · · · :· 2:17-cv-11910

· · · · · DEFENDANTS AND· · · · · : · · MARGO SCHLANGER, ESQUIRE

· · · · · RESPONDENTS.· · · · · · : · · Cooperating Attorney, ACLU Fund of Michigan

· ·------x · · 625 South State Street

· · Ann Arbor, Michigan· 48109

Confidential deposition of JOHN AUGUSTIN SCHULTZ, JR. · · (734) 615-2618

· · · · · ·Washington, District of Columbia

· · · · · · · ·Thursday, July 12, 2018

· · · · · · · · · · · ·9:04 a.m.

Job No. 196902

Pages: 1 - 241

Reported By: Angela K. McCullough, RPR, Notary

Public in and for the District of Columbia

Page 2 Page 4 · · · ·Deposition of JOHN AUGUSTIN SCHULTZ, JR., A P P E A R A N C E S· ·C O N T I N U E D

held at the offices of: · · · ON BEHALF OF THE RESPONDENTS:

· ·WILLIAM C. SILVIS, ESQUIRE

· ·U.S. DEPARTMENT OF JUSTICE

· · · ·U.S. DEPARTMENT OF JUSTICE · ·950 Pennsylvania Avenue, NW

· · · ·450 5th Street, Northwest · ·Washington, DC 20530

· · · ·Washington, DC· 20001 · ·(202) 307-4693

· · · ·(202) 307-4693

· · ·ON BEHALF OF THE DEFENDANT ICE:

· ·KATHLEEN THACKER, ESQUIRE

· ·U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

· ·500 12th Street, Southwest

· · · ·Pursuant to notice, before ANGELA K. · ·Washington, DC· 20536

MCCULLOUGH, RPR, Notary Public in and for the · ·(202) 732-2427

District of Columbia. Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13370 Page 4 of 32

Page 5 Page 7 · · · · · · · · ·C O N T E N T S · · · · · · · P R O C E E D I N G S EXAMINATION OF JOHN AUGUSTIN SCHULTZ, JR.· · ·PAGE · · · ·(The witness was sworn.) · ·By Ms. Scott· · · · · · · · · · · · · · · · ·7 · · · ·MS. SCOTT:· So I am Kimberly Scott from · ·By Mr. Silvis· · · · · · · · · · · · · · · 217 Miller Canfield on behalf of Petitioners. · ·By Ms. Scott· · · · · · · · · · · · · · · ·231 · · · ·MS. SCHLANGER:· I'm Margo Schlanger, also on behalf of the Petitioners. · · · ·MS. SCOTT:· Could you -- could you put your · · · · · · · · ·E X H I B I T S name on the record. · · · ·(Exhibits attached to transcript) · · · ·MR. SILVIS:· Do you want to -- EXHIBIT NO.· · · · · · · · · · · · · · · · · ·PAGE · · · ·Oh, William Silvis, part of Department of · ·Exhibit 1· · ·6-12-18 declaration· · · · · ·10 Justice, for the respondents. · ·Exhibit 2· · ·11-30-17 declaration· · · · · 32 · · · ·MS. SCOTT:· Could you put your name on the · ·Exhibit 3· · ·Letter· · · · · · · · · · · · 40 record. · ·Exhibit 4· · ·E-mail· · · · · · · · · · · · 85 · · · ·MS. THACKER:· I'm Kat Thacker, · ·Exhibit 5· · ·8-4-17 e-mail from Schultz· ·101 Kathleen Thacker, agency counsel for Immigration · ·Exhibit 6· · ·1-11-18 e-mail, Maldonado to Customs Enforcement. · · · · · · · · ·Clinton· · · · · · · · · · · 104 Whereupon, · ·Exhibit 7· · ·1-17-18 e-mail from Ochoa· · 104 · · · · · JOHN AUGUSTIN SCHULTZ, JR., · ·Exhibit 8· · ·E-mail from Schultz· · · · · 116 called as a witness by counsel for Plaintiffs and · ·Exhibit 9· · ·Unidentified· · · · · · · · ·124 Petitioners, and having been duly sworn by the · ·Exhibit 10· · Unidentified· · · · · · · · ·130 Notary Public, was examined and testified as · ·Exhibit 11· · 12-6-16 letter from Follows: · · · · · · · · ·Al-Sahafi· · · · · · · · · · 144 · · · · · · ·EXAMINATION BY COUNSEL · ·Exhibit 12· · Unidentified· · · · · · · · ·146 · · · · ·FOR PLAINTIFFS AND PETITIONERS · ·Exhibit 13· · 6-7-17 letter· · · · · · · · 147 BY MS. SCOTT:

Page 6 Page 8 · · · ·E X H I B I T S· ·C O N T I N U E D · · Q· So, Mr. Schultz, have you been deposed EXHIBIT NO.· · · · · · · · · · · · · · · · · ·PAGE before? · ·Exhibit 14· · 1-9-18 e-mail from Bernacke· 155 · · A· No. · ·Exhibit 15· · E-mail· · · · · · · · · · · ·158 · · Q· All right.· I'm going to assume that your · ·Exhibit 16· · DHSHAMAMA000052· · · · · · · 163 counsel has given you instructions about how the · ·Exhibit 17· · Unidentified· · · · · · · · ·171 deposition works.· We have scheduled, planned · ·Exhibit 18· · Letter· · · · · · · · · · · ·181 breaks, but I'm happy to take an unscheduled break · ·Exhibit 19· · E-mail· · · · · · · · · · · ·184 if you feel that you need it.· I may need it. · ·Exhibit 20· · E-mail· · · · · · · · · · · ·186 Just let me know. · ·Exhibit 21· · E-mail chain· · · · · · · · ·188 · · · ·I am not familiar with the government or · ·Exhibit 22· · E-mail, Farmer to Schultz· · 190 your agency.· So I am going to ask you a lot of · ·Exhibit 23· · E-mail chain· · · · · · · · ·207 questions today that may seem very basic.· And · ·Exhibit 24· · 10-27-17 e-mail, it's because I'm just trying to understand how the · · · · · · · · ·Bernacke to Schultz· · · · · 215 organization works.· So if I have misstated something or used the wrong acronym, please clarify for me. · · A· Okay. · · Q· Because I may not realize that I'm doing that. · · · ·Similarly, if you don't understand one of my questions, please let me know.· Otherwise, I will assume it's a clear question. · · · ·And -- and unless you are told not to answer a question, Mr. Silvis may object, but then you can go ahead and answer after the objection. Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13371 Page 5 of 32

Page 33 Page 35 which is your declaration that was executed on I forget his title. November 30th, 2017. · · Q· Okay.· N-a-z-i-r? · · · ·Do you recognize this document? · · A· Yeah. · · A· Yeah. · · Q· Oh, Ms. Schlanger reminds me that · · Q· Okay.· If we go to paragraph 4, it says, everybody has multiple names. "Travel documents for many Iraqi nationals are now · · · ·Do you know what his first name is, or the being approved directly by Baghdad." other names that he uses? · · · ·What do you mean by the use of "Baghdad"? · · A· Unfortunately, I don't recall.· But I can · · A· I just mean the government for Iraq. tell you, if you Google it during the break, · · Q· Is there a particular ministry or unit of Mr. Nizar, Iraq MFA, you'll be able to get his the Iraqi Government that you're referring to information. here? · · Q· Is it your understanding that he has a · · A· So the -- no.· There's an interministerial fairly high-level position within the Ministry of ^ i found this inter-ministerial and inter Foreign Affairs? ministerial.· Was this in a document?· I want o · · A· It's my understanding he has a high level. make sure i don't have it wrong committee · · Q· And the Ministry of Foreign Affairs is of different -- different ministries make it up. often referred to as MFA; is that correct? And they work on the travel document or removal · · A· Mm-hmm. issue. · · Q· And going forward, we'll use "MFA." · · Q· Okay.· So, in general, when there's · · A· Okay. references to seeking approval from Baghdad, · · Q· At what point -- what is your you're -- the term "Baghdad" is referring to that understanding of when Mr. Nizar became the main interministerial committee; is that correct? contact for obtaining travel documents? · · A· Yeah.· To my knowledge, it's -- it's · · A· So it was just recent, within the last correct.· When we're -- when I say that we're three weeks or so, when I had made a determination

Page 34 Page 36 going to Baghdad, essentially, what -- what ICE is to travel to Baghdad to discuss the travel doing is asking the Department of State at the US document procurement process. Embassy in Baghdad to engage the government of · · · ·I met with the deputy chief of mission at Iraq. the Iraq Embassy in Washington to determine whom I · · · ·I personally don't know if they have one should speak to.· And they gave me the name of the point of contact in one single ministry who they individual. speak to who, then, discusses it amongst · · Q· All right.· So I'm going to put it -- a themselves within the government of Iraq more specific date to that meeting. bureaucracy.· But we do -- do all our dealings · · A· Sure. through the US Embassy in Baghdad. · · Q· Would it have been during the week of · · Q· So, if I understand you correctly, you June 25th? don't -- in general, you don't know who · · A· If today is July 12th, it was most specifically in the government of Iraq is being likely -- yeah.· I actually have my passport. I asked to do the approvals in any given situation; can look at my -- is that correct? · · Q· Can you take a look? · · A· At the time that I signed this, I just · · A· I can look at my visa and see when it was knew it was the -- someone within the Iraq issued. Government.· Recently, I've learned that there's · · Q· Thank you. one point of contact who is the -- the main · · A· I can tell you exactly when. conduit to getting the travel documents.· And he's BY MS. SCHLANGER: the person who really gets everything going. · · Q· Oh, you actually have gone already? · · Q· And who is that person? · · A· No.· I didn't go to Iraq, but I did get · · A· It's Mr. Nizar within the Iraqi the visa. Government.· He works within the Ministry of · · · ·(Witness complies.) Foreign Affairs.· And I think it's N-a-z-i-r.· And · · · ·So this was issued -- so it was June 22nd. Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13372 Page 6 of 32

Page 37 Page 39 BY MS. SCOTT: · · Q· Any other officials from the Iraqi · · Q· Okay.· So you were scheduled to -- to meet Government? with Dr. Nizar; is that correct? · · A· No. · · A· I was attempting to get a meeting · · Q· And did -- when you say that you discussed scheduled, correct. a way forward, was there any agreement on a way · · Q· And were you successful? forward? · · A· I was unsuccessful. · · A· Yes.· To expedite the travel document · · Q· Did you meet with anybody else to discuss issuance process, we -- we agreed that we would the travel procurement document -- to procure provide a cover letter for each presentation travel documents? package, sort of, outlining the subject's criminal · · A· I did not travel to Iraq. history, that they completed their criminal · · Q· Did you meet with anybody in the US with sentence, and that their -- their immigration case the Iraqi Government to discuss travel documents? has been completed. · · A· Subsequent to June 22nd? · · Q· Would that cover letter include any · · Q· Yes. information about whether or not the Iraqi · · A· Yes. national desires to return to Iraq? · · Q· And who did you meet with? · · A· No. · · A· I met with the Ambassador -- oh, what's · · Q· Did you guys discuss, at this meeting, his name -- Yasseen -- Ambassador Yasseen on whether or not Iraq will accept Iraqi nationals July 2nd. who do not desire to return to Iraq? · · Q· And where was that meeting at? · · A· At that meeting, what was determined was · · A· The Iraq Embassy in Washington, DC. if we have that cover letter, there's going to be · · Q· Okay.· And what happened during that no question regarding whether or not someone wants meeting? to return to Iraq. · · A· So myself, members from my team, · · Q· And who made that statement, that that

Page 38 Page 40 Department of State, the ambassador, the deputy would be the policy? chief of mission, and one other individual from · · A· The ambassador. the Iraq Government were there.· And we discussed · · Q· Ambassador Yasseen? a way forward regarding travel documents, as we · · A· Yes, ma'am. had identified some inefficiencies.· And we made a · · Q· Did he put that in writing? determination on how we were going to proceed · · A· No.· But, subsequent to the meeting, we forward. submitted cover letters for individuals who had · · Q· Okay.· So who on your team attended the not voiced their desire to return.· And we have meeting? since been notified that the travel documents will · · A· Myself, Michael Bernacke, James Maddox. be issued this Friday. · · Q· Anybody else? · · Q· Okay.· So let's put your declaration off · · A· I don't believe so. to the side for a moment. · · Q· And who from the Department of State · · · ·I'm going to hand you -- I'm going to hand attended the meeting? you a letter.· It says on the bottom, "Respondents · · A· Valerie Chittenden and Peter -- something Exhibit No. 1."· It was used during the last with an H.· He's the desk officer for Iraq. hearing with the Court.· So I did not mark this; · · Q· And then you said there was one other Nicole Murley did.· So it is -- what appears on individual from Iraq. the document is it was handed to us. · · · ·Do you remember his name? · · · ·MS. SCOTT:· But let's mark this as · · A· So there was the DCM, who is Mohammed -- Exhibit 3. his name is in one of these declarations. · · · ·(Exhibit 3 was marked for identification.) Mohammed Tarek?· I don't know.· But the -- and · · · ·THE WITNESS:· Thank you. then Yarub something, he is the, like, third BY MS. SCOTT: secretary.· He's really Officer Maddox's conduit. · · Q· Have you seen this letter before? It's his counterpart. · · A· I have not seen this letter before. Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13373 Page 7 of 32

Page 41 Page 43 · · Q· Okay.· You'll notice that it's signed by volunteering of an individual indicating that they Michael Bernacke, who reports to you, correct? want to return to Iraq. · · A· Mm-hmm.· Correct. · · Q· At the end of the day, though, Baghdad · · Q· You'll notice, on the back page, there are still makes the decision of whether or not the the names of -- one, two, three, four, five -- travel documents will be issued; is that correct? six Iraqi nationals. · · A· At the end of the day, yes.· Absent an · · A· Right. individual saying -- going to the embassy and · · Q· Are these the six Iraqi nationals that you saying they want to go back to Iraq, Baghdad makes recently submitted a cover letter to the Iraqi the determination regarding the travel document. Government seeking travel documents? · · Q· Okay.· What else was discussed during the · · A· I -- I -- I don't know, to be honest with July 2nd meeting? you. · · A· So we discussed that letter.· The · · Q· Okay.· Do you know the names of the ambassador requested that individuals with -- that individuals who you recently submitted the cover ICE focus on removal of individuals with letter to the Iraqi Government? criminal -- criminal records.· I advised him that, · · A· No.· So Michael signed that letter.· OPLA you know, ICE does prioritize individuals based on reviewed the letter.· But I didn't look at the -- criminality. the names of the people on the -- on the letter. · · · ·But, of course, during regular operations, · · Q· So do you know if those individuals that if an individual is encountered who has a final are listed on the letter have signed any documents order of removal, an individual still -- who indicating either that they do not desire to go doesn't have a criminal history, that individual back to Iraq, or that they do desire to go back to is still a priority within our current framework. Iraq? So it would be likely that person would be · · A· It's my understanding that the six people arrested and -- when we request the travel in the cover letter did not sign any documents documents.

Page 42 Page 44 indicating that they wanted to return. · · Q· What is your understanding of why the · · Q· Mm-hmm.· Did -- during your meeting on Iraqi Government wants to prioritize those July 2nd, did the Iraqi Government indicate what individuals with criminal records? type of travel documents would be issued for those · · A· I honestly don't know why they want to. six individuals? It's my belief that they feel as though people who · · A· No. ICE is looking to remove who have criminal · · Q· Did -- during the meeting, did the Iraqi histories were given an opportunity here in the Government indicate whether they will, after these United States, and they didn't take advantage of initial six individuals, continue to issue travel that opportunity. documents for individuals that desire not to go · · · ·And they understand that they're not only back to Iraq? immigration violators, but they're also criminal · · A· Yes. violators.· And so that's why they don't -- they · · Q· And what was specifically said on that shouldn't remain. front by the Iraqi Government? · · Q· Did -- was there any discussion about · · A· The ambassador understood that they have repatriation of asylum seekers? an obligation to take back their nationals. · · A· They mentioned asylum.· Oh, you know what, · · Q· Mm-hmm. we had someone from OPLA there, too, · · A· He believes that they're doing good work, Joan Lieberman. so far.· And that, you know, with this cover · · Q· Okay.· Thank you. letter, they have that ability to ship that · · A· Sorry.· You brought up asylum, and I information directly to Baghdad -- to their thought -- so they did bring up asylum.· And, of counterparts in Baghdad who can make the course, I brought OPLA with me so she could determination whether or not a travel document is discuss, you know, how we can't divulge any asylum going to be issued. information, which the ambassador understood.· He · · · ·And they can do that absent any already knew that. Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13374 Page 8 of 32

Page 45 Page 47 · · · ·And, you know, of course, you know, she remove the individuals who were on the April had indicated that, you know, during the flight. immigration process, the -- you know, they can · · · ·But subsequent to those actions, there was claim asylum but -- or even subsequent to having the -- the Statement of Cooperation from the asylum and LPR, you know, we don't -- we don't Iraqis indicating that they would accept 1,400 remove people who are -- you know, have LPR cards individuals and that they would issue travel or asylum.· It's when the status is revoked.· And documents.· So we've migrated from that manifest it's spoke in very general terms. idea that never came to fruition because the · · Q· Was there any discussion about whether or consular officers from Washington ended up issuing not the removal of Iraqi nationals will take place travel documents for the April flight. by charter flight or by commercial flights? · · Q· So, for clarification, flight manifests · · A· During that meeting, I don't recall any were never implemented as -- okay.· Let me start discussion on the mechanism of removal. that over. · · Q· And is there a current understanding about · · · ·I had been under the impression that -- whether or not charter flights or commercial and, obviously, it's wrong now, but I want to flights will be used for removal of Iraqi clarify that -- that, at one point, the Iraqi nationals? Government would approve individuals for removal · · A· Not at this time, to my knowledge.· No. based upon a flight manifest and didn't require · · Q· So there's no agreement with the Iraqi travel documents. Government to use a charter flight, currently? · · · ·That understanding is incorrect? · · A· Currently, ICE doesn't have a need for a · · · ·MR. SILVIS:· Object to the form of the charter flight. question. · · Q· Mm-hmm. BY MS. SCOTT: · · A· So we -- there's no need to -- to -- we · · Q· You can go ahead and answer. engage foreign governments regarding charter · · A· Okay.

Page 46 Page 48 flights when there's a need. · · · ·No.· That's correct. · · Q· Mm-hmm. · · Q· Mm-hmm. · · A· So, you know, it's cost prohibitive.· ICE · · A· At one point, Iraq was going to accept a is, you know, in a financial crunch.· So, right charter flight with a manifest. now, we're just not looking to do a charter · · Q· Without travel documents? flight. · · A· Without travel documents having been · · Q· Okay.· Does that mean that Iraq won't issued.· But, ultimately, it didn't occur because accept flight manifests in lieu of travel the embassy issued the travel documents for the documents for Iraqi nationals? individuals who were going to be removed with only · · A· So that -- that is something that was in the manifest. place in -- where are we now?· So that was going · · Q· Okay.· And that was for the April 2017 to be used in the April 2017 flight.· And that was flight, correct? an idea that really started in November-December · · A· Correct. 2016, where we were cutting out the embassy, · · Q· The individuals that were on the engaging directly with Baghdad. April 2017 flight, did they indicate to the Iraqi · · · ·And since we were cutting out the embassy Government whether they desired to be removed to and dealing directly with Baghdad via our conduit, Iraq? the Department of State -- · · A· I do not know. · · Q· Mm-hmm. · · Q· Do you know if they -- do you know if they · · A· -- we had discussed the use of a manifest, were interviewed by Iraq before their flights? which is, essentially, a name list.· You know, · · A· Yes, they were. John Schultz, date of birth, blah, blah, blah, · · Q· Do you know if each of those individuals alien number, criminal history. on the April 2017 flight had current passports? · · Q· Mm-hmm. · · A· Valid passports? · · A· And that's what we were going to use to · · Q· Current, valid passports, yes. Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13375 Page 9 of 32

Page 57 Page 59 · · Q· Had Mr. Nizar or his staff indicated to telephone exchange with the DCM. you that they would be willing to meet with you? · · · ·And, additionally, I was there on · · A· I didn't have any direct communication June 22nd.· And I saw Yarub when I got the visa. with Mr. Nizar. · · Q· Okay.· So let me back up here.· All right. · · · ·Excuse me. · · · ·Did you have any meetings with Iraqi · · · ·Again, the Iraq Embassy here, in officials in March of 2018? Washington, supported the trip and was · · A· I'm sorry.· I don't recall.· I don't have communicating with Mr. Nizar's staff regarding my my calendar in front of me.· My portfolio covers travel.· There was no -- no clear sense that 140 countries.· So unless there's something super Mr. Nizar was going to be available to meet.· But, significant going on that stands out to me, it's again, I was trying to get -- to meet -- if I just another day in the office.· So -- couldn't meet the decision-maker, meet someone, · · Q· Okay.· So then in April 2018, did you have you know, who worked immediately under him to a meeting with the Iraqi Government? relay the message of the importance of the travel · · A· I -- I don't know. documents being issued timely. · · Q· Do you remember any calls with Iraqi · · Q· Are you still trying to arrange a meeting Government officials in April 2018? with Mr. Nizar to talk about travel documents? · · A· You know, I -- I met with them once.· Me, · · A· So I intend to travel to Iraq in the Mike, and James went over there.· I don't recall future to talk to Ministry officials regarding if it was March or April.· It -- it was me, Mike, travel document issues. James, and Robert Tremont.· I can't recall if it · · Q· Has a date between set for that meeting? was March or April.· But we did go over, and we · · A· A date has not been set yet. met with them and handed them -- I think it was, · · Q· Do you have -- do you know who you will be like, a stack of travel document presentations. meeting if -- once you do set the date? And they had indicated to us that they were going · · A· So the intent would be that myself and to issue a number of travel documents for -- for

Page 58 Page 60 Assistant Director Pineiro travel to Baghdad individuals that had been previously presented. and -- to meet with Mr. Nizar regarding the travel · · Q· And did they issue the travel documents? document issuance process. · · A· Mm-hmm.· Yeah. · · Q· Do you have a time frame within which that · · Q· And how many did they issue? meeting will take place? · · A· You're challenging me. · · A· Ideally, it would take place within the · · · ·I don't -- I don't recall the number, but next -- July 13th -- seven weeks. I know it was greater than 14.· We did -- we did a · · Q· All right.· So what I'm going to do is small charter, eight-person charter, and then we walk backwards from the July 2nd meeting to ask did commercial removals after that. you about other meetings you've had with officials · · Q· When did you do the commercial charter? from Iraq about repatriation of Iraqi nationals. · · A· It was -- · · · ·So prior to the July 2nd, when did you · · Q· I mean -- hold on. meet with Iraqi nationals? · · · ·When did you do the commercial removals? · · · ·Let me rephrase that. · · A· The commercial removals? · · · ·So was there a meeting -- let me -- let's · · Q· Yeah. do it this way:· Between March 18th and July 2nd, · · A· I don't know. was there a meeting -- did you have a meeting with · · Q· When did you do the charter flight? Iraqi Government officials about repatriating · · A· Pretty certain I went in June of this Iraqi nationals? year, June 2018. · · A· Yes.· In May, we met with the Iraqis.· It · · Q· And how many individuals were on that was myself, Agent Pineiro, Jim Maddox, met with flight? the Iraqis.· I think it was the first week of May. · · A· It should've been eight. I don't recall meeting with them in April.· But, · · Q· Eight.· Who is Robert Tremont? subsequent to the May meeting, we had the July · · A· There were seven people on the charter meeting, but I did have e-mail exchange and because one person didn't get to the staging Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13376 Page 10 of 32

Page 65 Page 67 a lot of meetings with the foreign governments. documents that you can look at?" · · · ·So, in June, like I said, I met with Yarub · · A· I don't have any documents here on hand. in -- you know, June 22nd.· But that was really You know, there's certainly a lot of communication only to get a visa.· Because it was a Friday. I dealing with Iraq within the last, you know, two was in jeans.· I had no intention of meeting with years.· And I think the time frame you had them. mentioned is the last year.· So I just didn't want · · · ·But, you know, other than that, it was -- to misspeak. like I mentioned, it was e-mail and phone · · · ·It's always been my understanding in communication with the -- with the DCM.· He's dealing with the -- the Iraq Embassy here since -- really my -- my equivalent at the embassy. since -- so it's been my understanding that they · · Q· And, for clarification, that's Mohammed? won't deny individuals who don't want to return, · · A· Yes, Mohammed.· So he's -- he's typically but they will not issue on; in that, they defer to the person I, you know, contact when I need their headquarters, very similar to our field something. office directors, who often won't release somebody · · Q· How many calls did you have with Mohammed from custody and will refer the cases up to during June 2018? headquarters for my unit to do so. · · A· Maybe -- less than ten. · · · ·So it's my understanding and my belief · · Q· Okay. that the embassy often doesn't want to be seen as · · A· I wanted to say five.· But let's say less assisting the US Government too much in the than ten. removal aspect. · · Q· During any of those calls, did you discuss · · Q· Okay.· I'm going to be tenacious here.· So the issue of Iraq issuing travel documents for I'm going to go back to the question about nationals who indicated they did not desire to go Baghdad.· Okay? back to Iraq? · · · ·Have you -- or do you know of any instance · · A· Yes. in which Baghdad has affirmed that they will not

Page 66 Page 68 · · Q· And what did you discuss with him? accept Iraqi nationals who have not clearly · · A· I indicated that willingness to return to indicated that they desire to return to Iraq? an individual's country has no bearing on their · · A· No.· As -- as a matter of fact, the six removal. individuals who didn't volunteer to return to Iraq · · Q· And what was his response back? are going to be issued travel documents tomorrow · · A· I don't know -- exactly recall, you know, on orders from Baghdad.· So that's a clear word for word, verbatim.· But, again, he indicated indication to me that irregardless of whether that they don't have the authority to issue travel someone wants to return to Iraq, the government of documents for those who -- who haven't Iraq is going to do their international obligation volunteered, that it's got to go through Baghdad, and issue travel documents for individuals who and that we have to, you know, continue to push have been ordered removed from the United States. Baghdad to get the travel documents to be issued. · · Q· Okay.· Other than the anticipated · · Q· Did he indicate to you Baghdad's position documents that you're expecting to receive on whether or not travel documents would be issued tomorrow, has Baghdad ever indicated that they for Iraqi nationals who have not indicated they would accept Iraqi nationals who have indicated desire to return to Iraq? they do not desire to return to Iraq? · · A· No. · · A· I would have to go through all the cases · · Q· At any point since June 1, 2017, has who have been issued travel documents to see who Baghdad indicated what its policy is about didn't, you know, affirmatively state that they accepting Iraqi nationals who desire not to return want to go back to Iraq. to Iraq? · · · ·It's my impression and my understanding · · A· Not that I recall. that the individuals from the April charter · · Q· Is there any documents that you could look weren't necessarily the individuals who at to refresh your memory? volunteered to return. · · · ·Can you change that to "Are there any · · Q· But -- but you don't know for certain if Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13377 Page 11 of 32

Page 77 Page 79 they're not state-owned enterprises.· They're · · A· I guess it's either way, right?· It -- you for-profit businesses.· They captain has got the know, ICE -- I was speaking for the collective final say.· So we can't just say, "We're the organization.· You know, I expect.· My unit chief Federal Government; we're putting him on." expects.· My DDO expects. · · · ·So the -- that leaves us with -- the only · · · ·For me, I don't see a difference between alternative is either try again -- and he'll "ICE expects" or "I expect."· I mean, I'm signing probably do the same thing -- or do a charter this.· So when I say "ICE expects," me signing it flight. is the same thing as saying "I expect."· Maybe · · · ·Another -- another reason why we would do it's just a nuancing in words.· I don't -- a charter flight is if the numbers make sense.· So · · Q· Okay.· And this declaration was signed in we have daily charters to Honduras and Guatemala November of 2017. and El Salvador, and monthly charters to Ecuador, · · · ·What was the basis for the statement that Jamaica, Haiti, et cetera.· So, if the numbers ICE expects to receive travel documents? make sense. · · A· So it was our understanding from the · · · ·And then, every now and then, a country Statement of Cooperation from the Iraqis, that just wants a charter.· They say, "Hey, you know they would -- they would accept the return of the what, it's easier for us to get everybody who is final orders -- final orders -- they would accept involved in, you know, handling removals to the the return of the 1,400 Iraqi nationals who got airport at the same time.· So let's have all the final orders of removal in the United States.· And aliens come on a charter flight." subsequent to the litigation -- or absent the · · · ·So those are, really, the three reasons litigation, the individuals would be removed. why we do that. · · · ·So what I'm -- what I'm saying there is · · · ·So, you know, charter flights, they're that those who were excluding themselves from the fully operational.· Trust me.· We got a number of lawsuit, we fully expect that we're going to get charter flights scheduled for the summer.· But, travel documents based on the Statement of

Page 78 Page 80 · ·you know, ideally, in the perfect world, it would Cooperation. · ·be much easier just to go commercial. · · Q· And what is the Statement of Cooperation · · · ·Q· So it's possible, in the future, you could that you're referring to? · ·be using charter flights to provide Iraqi national · · A· So it's, essentially -- we had gotten · ·removal? notification that -- in March 2017, that the · · · ·A· Yes. Iraqis had indicated that they were ready to put · · · ·Q· Okay.· So prior to -- to May 2018, what in place this interministerial committee · ·was Iraq's status?· You know, it's now deportation to issue travel documents to the -- to · ·cooperative.· Was it cooperative on May 2017? issue travel documents or accept removal of? I · · · ·A· I'm pretty certain it was.· I can look believe it's to issue travel documents of the · ·during lunch and let you know.· But I -- I don't Iraqi nationals within 30 days of request.· And it · ·recall off the top of my head. was for the 1,400. · · · ·Q· Okay.· Okay.· What is the fiscal year for · · · ·And so, from that, we had -- we had the · ·ICE? understanding, or the belief, that all was going · · · ·A· It's October 1 to September 30th. to -- that they were going to, you know, cooperate · · · ·Q· All right.· Let's go back to and -- and do their international obligation. · ·Exhibit No. 2. · · Q· Did the Statement of Cooperation address · · · · · (Exhibit 2 was referenced.) those Iraqi nationals who would indicate that they · ·BY MS. SCOTT: desired not to remove -- be removed to Iraq? · · · ·Q· And let's look at paragraph 7. · · A· I don't recall that as being one of the · · · · · And the third sentence says, "ICE expects pillars of the Statement of Cooperation. · ·to receive travel documents for all individuals · · Q· It was -- was the Statement of Cooperation · ·that ICE has requested to remove to Iraq." silent on that front? · · · · · ·Why did you say "ICE expects" versus "I · · A· Yeah, I think so. expect"? · · Q· All right.· Okay.· Okay.· Going to Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13378 Page 12 of 32

Page 85 Page 87 determination. · ·communities after 180 days if there is no · · Q· Okay.· All right.· So you can put that one · ·significant likelihood of removal in the off to the side. · ·reasonably foreseeable future." · · · ·Okay.· All right. · · · · · ·Today, is the 180-day mark still the · · · ·MS. SCOTT:· I'm going to mark this as benchmark for determining SLRRFF? Exhibit 4. · · · ·A· Yes. · · · ·(Exhibit 4 was marked for identification.) · · · ·Q· Have there been any Iraqi nationals since · · · ·THE WITNESS:· Thank you. · ·2017 that have hit their 180 days that have been BY MS. SCOTT: · ·released because SLRRFF does not exist? · · Q· Do you recognize this document? · · · ·A· I'm sorry.· Since when? · · A· Yes. · · · ·Q· Since January 2017. · · Q· And what is it? · · · ·A· Since January 2017.· I would say yes. · · A· It's an e-mail going out to the -- the · · · ·Q· Do you know how many? attaches -- the ICE personnel deployed overseas. · · · ·A· I do not. · · Q· And what is it pertaining to? · · · ·Q· Do you know -- okay.· Can you give me a · · A· The latest Removal Cooperation Initiative · ·roundabout figure?· And it's fine to say no.· But run. · ·I'm going to keep pushing, just to see if it · · Q· And this is -- this -- we were talking · ·triggers your memory. earlier about a cooperative country.· This is the · · · ·A· No.· No.· Unfortunately.· I wish I could analysis you were talking about? · ·give you the answer.· I'm not trying to be · · A· Yeah. · ·difficult. · · Q· Okay.· Let's turn to the second page. · · · · · I don't know.· January 2017 feels like an That's marked ICE0271048.· And, if you go down to · ·eternity, long ago, right?· But I would say -- I the paragraph that starts "Although," do you see · ·don't have a number for you.· But -- I don't. that? · ·Sorry.

Page 86 Page 88 · · · ·A· Yes. · · · ·Q· Okay.· That's fine.· No.· That's fine. · · · ·Q· And it says, "Although the United States · · · · · ·So several of the Hamama class members have · ·can extend detention in certain cases, we cannot been in detention longer than 180 days, correct? · ·detain aliens who have not been repatriated to the · · · ·A· Mm-hmm. · ·country of nationality or citizenship because the · · · ·Q· Has there been a SLRRFF analysis for those · ·country will not accept their return." · ·detainees? · · · · · ·Under what circumstances can detention be · · · ·A· So my officers have done -- I know they've extended? · ·done case reviews on -- on the Hamama class. · · · ·A· So if the officer can -- officer -- if ICE · · · · · And just so you know the mechanism of how · ·can articulate that they're SLRRFF, then detention · ·this works, I just want to back it up a little · ·can be extended.· If someone is a mental health · ·bit. · ·threat, we can -- we can continue detention based · · · ·Q· So answer my question first, and then I · ·on a 241.13.· If -- if someone is deemed to be · ·will give you time to provide that -- · ·a -- like, a terrorist, the Secretary, in · ·that process. · ·conjunction with the -- Secretary of Homeland · · · ·A· Okay.· So, yes.· The answer is yes. · ·Security, in conjunction with the director of the · · · ·Q· Do you know how many? · ·FBI -- well, in -- with advice from the director · · · ·A· How many -- · ·of the FBI, can maintain custody of an individual. · · · ·Q· How many -- · · · ·Q· Any other situations? · · · ·A· -- aliens have had their cases reviewed? · · · ·A· Those are, like, the real three ones. · · · ·Q· Yes. · · · ·Q· All right.· Then it says, "Under the US · · · ·A· That, I do not. · ·Supreme Court decision in Zadvydas v Davis" -- and · · · ·Q· All right.· So go ahead and give us the · ·it gives the case number -- "when countries refuse · ·process that -- · ·or delay the repatriation of their nationals, ICE, · · · ·A· So I just want to lay the foundation of · ·generally, is required to release aliens into US · ·why I can't answer you -- give you a granular Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13379 Page 13 of 32

Page 89 Page 91 answer, right? been listening very clearly the first time around. · · · ·So my -- the officers, the DDOs, detention · · A· I'm sorry. and deportation officers, do the review.· If the · · Q· No.· Don't you apologize.· That was my review is to continue detention, it goes to the fault. unit chief.· The unit chief reviews it, gives it · · · ·All right.· So let's go into the page that back to the officer. refers to Iraq, which is Bates numbered 271055. · · Q· Can I stop you right there? · · A· Mm-hmm. · · A· Yes. · · Q· All right.· So then this is as of · · Q· And who would be the unit chief? February 2017.· It -- it discusses a démarche -- · · A· Michael Bernacke.· It never comes to my am I saying that correctly? desk. · · A· Yes. · · · ·And then on the flip side is, if an alien · · Q· -- issued on July 27th, 2011, and is to be released, the detention and deportation March 31st, 2015. officer reviews the case.· It goes to · · · ·What is a démarche? Michael Bernacke, the unit chief.· It comes to · · A· So a démarche is, like, an official John Schultz, the deputy assistant director, who communication between one country and another. then writes an e-mail to the assistant director So, according to the Department of State, a saying, "Hey, I intend to release this guy because démarche can be either verbal or written. of this." · · Q· Mm-hmm. · · · ·And so I don't have -- I don't have · · A· It's basically anytime you may admonish very -- I don't have visibility on people who are them for something or request something, or in continued detention. request something strongly, you know.· So, you · · Q· Okay.· You have visibility into those that know, a démarche -- like, I don't know what it you recommend to be released? said in March 2015 or July 2011.· But a typical · · A· For release. démarche today, they're all -- it's boilerplate.

Page 90 Page 92 · · Q· Do you have visibility into knowing if Or, you know, it discusses the importance of those that you've recommended have been released? removal; the -- you know, the EO, executive · · A· Those who have been recommended for order -- release -- I don't go back and check the system. · · Q· Mm-hmm. I just assume the officers are doing their job and · · A· -- you know, what the current condition of notifying the field to release them from custody. the country's cooperation is; you know, possibly · · Q· Okay.· So let me be -- I'm not clear about visa sanctions. what you're saying. · · · ·And then, like, what ICE has asked is, "We · · · ·So if you make the recommendation, that is ask that you immediately issue travel documents to the decision to release; is that correct? these ten people who are detained.· And, in · · A· Well -- so the officer makes the addition to that, identify a repeatable process recommendation.· The unit chief concurs.· It comes within the next 30 days to handle all the to me.· I, essentially, go to my ADD the same way non-detainees." the unit comes to me, and I say, "This guy -- · · · ·Something to that effect. we -- we've got to release him.· You know, here · · Q· Okay.· Has a démarche been issued to Iraq are the particulars in the case." since January of 2017? · · · ·She'll say yes, concur, or she may say, · · A· So the -- the démarche definition is -- "Oh, wait a minute.· I think you missed something like I said, it's verbal.· It could be verbal, or here.· What about this"? it could be written. · · · ·And then once we get the concur · · · ·So State Department may consider the notification -- concur on the release, I tell the July 2nd meeting a démarche.· I wouldn't have unit -- Mike, the unit chief, Bernacke, go ahead considered it a démarche because I felt like it and release.· And then -- and then the officer was just more of a -- just engagement, right? cuts a release letter, notifies the field. · · Q· Mm-hmm. · · Q· All right.· So I think I might not have · · A· There -- I just -- we did a dip note.· We Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13380 Page 14 of 32

Page 93 Page 95 did a dip note, which is different than a cabled that over to -- to the Iraqis.· I forget on démarche, which is also an official communication which date.· But, essentially, it was asking for, between one country and another, you know, just you know, the issuance of the travel documents for two weeks ago. the six individuals. · · Q· Okay.· So let me -- let me slow you down · · Q· Was there any discussion in that dip note there a second.· Okay? about sanctions or any warnings about sanctions? · · · · "Dip note" means diplomatic note? · · A· Without seeing it now, I don't -- I don't · · A· Mm-hmm. know.· Sorry. · · Q· Okay.· And compared to a démarche, is it · · Q· That's okay. less of an admonishment? · · · ·So I think I -- one of my earlier · · A· For me, a non-State employee, I think questions was the diplomatic note was issued they're relatively the same. because you didn't -- weren't able to have the · · Q· Okay.· Okay.· And what did the dip note meeting with Mr. Nizar. from two weeks ago say? · · A· Yes. · · A· It was, essentially, asking for the · · Q· Correct?· I think I misstated the name issuance of the travel documents for the six earlier.· But I think we all understood who I was individuals. talking about, correct? · · Q· Was the -- · · A· Yes. · · A· So the -- so the dip -- so -- · · Q· All right. · · · ·I apologize.· Sorry.· I'm sorry. · · · ·MS. SCOTT:· We only have another 45 minutes · · Q· That's okay. before lunch.· So I'm getting exhausted, for the · · · ·Was the dip note issued prior to the record. July 2nd meeting? · · · ·MS. SCHLANGER:· You had set lunch for · · A· Yes, ma'am. 11:45. · · Q· Did the July 2nd meeting result -- was the · · · ·MS. SCOTT:· Oh, so we only have a half an

Page 94 Page 96 result of a dip note, do you believe? hour, almost.· So -- · · A· No, I don't believe so. · · · ·MS. SCHLANGER:· You should do what you · · Q· Was the July 2nd meeting scheduled before want. the dip note went out? · · · ·MS. SCOTT:· Yeah.· Okay. · · A· No. BY MS. SCOTT: · · Q· Okay.· So what did the dip note say, · · Q· All right.· So I had asked you if there specifically? had been any diplomatic notes issued since · · A· The -- the dip note was, basically, in January 2017, and you responded, "There was one lieu of my meeting.· So since I -- I didn't have two weeks ago." the opportunity to go over, we sent a -- · · · ·Were there any others? · · Q· So let me slow you down a second.· I don't · · A· I think you asked me if there were any mean to interrupt you. other démarches, but -- · · · ·So when you talk about the "meeting," that · · Q· Okay.· So that -- fair enough. was the meeting you were planning to have with · · · ·Were there any other démarches since Mr. Nizar? January 2017? · · A· (No verbal response.) · · A· I believe so.· We have a démarche tracker, · · Q· Okay.· Go ahead. you know, at the office, you know, on SharePoint. · · A· So -- so -- yeah.· So since I couldn't get I don't track them in my head.· I -- I don't -- the -- that trip to Baghdad on June 25th to meet · · Q· You just don't recollect at this point? with the Ministry of Foreign Affairs, I worked · · A· Yeah.· But I'm pretty certain there was with the Department of State Consular Affairs one. Bureau here in Washington to draft a diplomatic · · Q· So let me ask the question about note; essentially, putting on paper what I -- you diplomatic notes. know, what the intent of the meeting was. · · · ·Have there been any other diplomatic notes · · · ·And so that turned out to be a -- they issued since January of 2017? Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13381 Page 15 of 32

Page 97 Page 99 · · A· I would say the same.· I would say it's -- documents.· Yes, they interview.· Yes, it meets it's likely, but I am not 100 percent certain that ICE's needs." there has been. · · · ·They get 100 percent on that variable. · · Q· Is there a tracker of diplomatic notes · · · ·Then charters.· "Well, they did the April that were issued? charter.· They took everybody." · · A· As I mentioned, sometimes there's a gray · · · ·Yes.· That's 100 percent.· Right there, area, at least in the non-State side, on dip notes that's 50 points, right? and démarches.· So they do sometimes filter into · · Q· Mm-hmm. the démarche tracker. · · A· Then you get -- you get -- then you add in · · Q· Okay.· All right.· So let's go back to the March Statement of Cooperation, where they this document. say, "We're going to take back everybody." · · A· Sure. · · · ·So then, you know, ICE is working to get · · Q· So the -- Iraq is listed -- if you go back these individuals, you know, teed up for travel to 271049, the header says, "Removal Cooperation documents and everything else. Initiative (RCI) Uncooperative Countries' Status · · · ·So then since we have what we -- what we of Efforts as of February 15, 2017." interpret as SLRRFF, based on their -- their · · · ·So as of that time, Iraq was identified as statement that they're going to issue travel an uncooperative country, correct? documents on these 1,400, the -- your ratio of · · A· Right. releases to returns goes down, right?· And so, · · Q· Today, it's identified as a cooperative then, that scores goes up.· So you've got already country? two variables at 100, which gives you 50, you · · A· Right. know, because they're equally weighted.· This -- · · Q· Are there any specific activities or this -- the ratio goes down.· So that's going to conduct or statements from Iraq that transferred give you more points. them from uncooperative to cooperative? · · · ·All you have to do is get above a 70, and

Page 98 Page 100 · · A· So with that Statement of Cooperation in you're cooperative.· So they're already almost March of 2017, where they said they would take there.· And I don't know what that -- the final their individuals back, we also had that -- the order to removal time frame is. April charter. · · Q· Mm-hmm. · · · ·And then, without seeing the data in front · · A· But, you know, just depending on it, like, of me -- you know, when -- so the -- just to you could've easily seen the -- the numbers explain the RCI and the score a little bit -- so reduce.· And I -- without the data in front of me, the Iraqis said they would interview, right?· They I can't say that's exactly what happened.· But went.· They interviewed.· They issued documents that's -- that's a possibility. for all that they interviewed. · · Q· Okay.· So -- I mean, I asked you earlier · · · ·So there's four variables, as I mentioned about démarches, not realizing that this document before.· So they'd get 100 percent on that one, actually says that you had issued a démarche in right? early -- at some point before February 2017. · · Q· For clarification -- · · · ·Do you remember what that démarche was · · A· Yes, ma'am. about? · · Q· -- are you talking about the eight from · · A· I don't. April 2017? · · Q· Okay.· And then the next bullet point · · A· Yes. mentions that there's been 21 cases submitted to · · Q· Okay. Baghdad. · · A· So they would get 100 percent there. · · · ·I'm assuming that means for travel · · · ·Like, so, on the next -- you know, so documents, correct? we -- we do the RCI run twice a fiscal year. · · A· That's correct. · · Q· Mm-hmm. · · Q· Did Baghdad issue travel documents for · · A· So at the next run, the data set would be, those 21 cases? "Well, Iraq did interviews.· They issued all the · · A· Not to my knowledge. Case 2:17-cv-11910-MAG-DRG ECF No. 457-64473-64 filed 10/23/1811/01/18 PageID.11990PageID.13382 Page 16 of 32

Page 113 Page 115 have the ability to look at a case almost like a · · · · · · · · · ·AFTERNOON SESSION consular officer from that foreign country, and · · · · · · · · · · · · · · · · · (12:49 p.m.)^ is say whether or not they really believe, you know, this how you want the time place, or centered or a travel document is going to be issued.· And something else lo they're the ones that have that personal knowledge · · · · · · · · EXAMINATION BY COUNSEL of the country.· They use their experience with · · · · · · · FOR PETITIONERS (RESUMED) the information provided within the travel · ·BY MS. SCOTT: document presentation to make -- to make that · · · ·Q· All right.· Mr. Schultz, you've been SLRRFF determination. · ·talking about a gentleman by the name of Nizar -- · · · ·You know, the consulate of Iraq in LA, the · ·Nizar.· I believe that's his first name. field may have just submitted the request. · · · · · Do you now have his complete name? "Unknown," that means maybe they never called them · · · ·A· Yes.· I believe the individual who I was back.· Nothing ever happened, right? · ·going to -- who I was attempting to meet with in · · · ·For me, if -- if I'm the DDO, this line · ·Iraq is Undersecretary of Bilateral Relations from here means absolutely nothing to me. · ·the Ministry of Foreign Affairs, · · Q· Okay.· So are there certain specific · ·Nizar Issa Abdul-Hadi Al-Khairalla. entries that are supposed to be put into this · · · ·Q· All right.· And will you hand the court field? · ·reporter the -- the piece of paper that has the · · A· Helpful entries. · ·name on it so she can have the spelling -- · · Q· So it's -- so it's a wide range? · · · ·A· Yes. · · A· Right. · · · ·Q· -- please. · · Q· It's not a "Select this number" or "Select · · · · · Thank you. this word"? · · · · · ·So we were talking earlier about the RCI. · · A· No. And we saw that there were documents that had put Iraq · · Q· Okay.· So let's look at Exhibit 7. in the ARON category.

Page 114 Page 116 · · · ·(Exhibit 7 was referenced.) Has Iraq moved into the cooperating category? BY MS. SCOTT: · · A· During lunch, I had the opportunity to · · Q· We're going to look at the same line on review the -- the latest run to ensure that I had this one, which, again, is under -- has a header provided you with the correct information. "Date Consular/Embassy Person Contacted, Results · · · ·Iraq is still currently within the ARON. Regarding Likelihood of Issuance." So that is where they currently stand.· So they're · · · ·And it says, "No response." currently ranked at risk of noncompliance. · · · ·So would that trigger a SLRRFF analysis? · · Q· So when you were testifying earlier about · · A· That's on 269857? them being a cooperating country, you weren't · · Q· Yes. using the formal category that's used through the · · A· So this is where the -- the DO in the RCI, correct? field e-mailed Julius Clinton, and Julius didn't · · A· Right.· They -- they hadn't been respond to the e-mail. classified -- and I may have just misspoke at the · · Q· Okay.· Thank you.· Okay.· That makes more time.· And I verified that they're currently an sense.· Okay.· Gotcha. ARON country. · · A· Okay. · · Q· Okay.· We've also been talking about a · · Q· All right.· Let's push those off to the Statement of Cooperation.· And I want to see if we side, then. can't nail that down a little better about what · · · ·MR. SILVIS:· I just wanted to note the that statement is. time, too.· I don't know what your planning was. I · · · ·MS. SCOTT:· Are we on Exhibit 8? think this was the prearranged break, but -- · · · ·THE REPORTER:· Yes. · · · ·MS. SCOTT:· I -- let's go off the record. · · · ·(Exhibit 8 was marked for identification.) · · · ·(Whereupon, at 11:44 a.m., the deposition · · · ·THE WITNESS:· Thank you. in the above-entitled matter was recessed, to BY MS. SCOTT: reconvene at 12:49 p.m., this same day.) · · Q· So I'm handing you an e-mail from you that Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13383 Page 17 of 32

Page 117 Page 119 attaches a cable that is dated March 12th, 2017. · · · ·That's at paragraph 1, correct? · · · ·Is the cable in this document what you're · · A· That's correct. calling the Statement of Cooperation? · · Q· Who is the deputy consul general? · · A· It is. · · A· So the -- I don't know the -- the name of · · Q· Are there any other Statements of the deputy consul general.· But -- so the Cooperations or amendments to the Statement of Department of State has different cones, and Cooperation? that's how they break up their organization.· And · · A· No. there's the consular cone.· And at the embassies, · · Q· So this is the -- what -- what's reflected you've got your consul general and then your in Exhibit 8 is the full Statement of Cooperation, deputy.· So that would be second to the -- the correct? consul general. · · A· This -- correct.· This is -- this is what · · Q· Okay.· So those are -- those are referring I've -- what I consider to be the Statement of to US Government officials, though, correct? Cooperation. · · A· That's correct.· The assistant legal · · Q· Okay.· Was the Statement of Cooperation attache would be an FBI agent. drafted by the Iraqi Government? · · Q· Okay.· And when we've been talking · · A· So this -- this cable was drafted by -- about -- okay. let's see.· It was drafted by Bridgette Wheeler of · · · ·Going down further in that same paragraph, the Department of State. it says, "Al-Rikabi said the committee had · · Q· Do you have any -- any documents from Iraq identified four necessary steps for Iraq to which has set forth in writing the Statement of facility the deportations." Cooperation?· And when I say "you," I mean ICE or · · · ·And one of those is consular access. any other department of the Government. · · · ·Do you have an understanding of why they · · A· To my knowledge, there's no written needed consular access? acknowledgement of a Statement of Cooperation or · · A· So it's -- my understanding from meeting

Page 118 Page 120 written agreement that codifies this information. with the Iraq Embassy in Washington, is that the · · Q· Okay.· Do you know if any member of the consular access was just to meet with the Iraqi Government was handed this cable and asked nationals who would be returned, sort of to ensure to confirm the statements within it are accurate? that they had a place to go upon arrival within · · A· I do not know if anybody from Iraq Iraq. verified this cable. · · Q· Was it your understanding that part of the · · Q· Do you know who would be able to confirm consular access was to confirm whether the Iraqi if Iraq has received this cable and confirmed its national wanted to return to Iraq? accuracy? · · A· No. · · A· I -- I would -- I would guess that it · · Q· And then it says, "Al-Rikabi said the would either be Bridgette Wheeler or, perhaps, deportations are a high priority for the Prime Ambassador Silliman, whose signature is digitally Minister and Foreign Minister, and the committee on this cable, regarding the -- the statement. was prepared to finalize, within 30 days, the · · · ·Typically, from my experience in past removal of the first group of deportees." meetings -- bilateral meetings, there is sort of · · · ·What's the first group of deportees? an agreement in notes of the -- what's transpired · · A· So, during this time, we were still during the meeting.· So this may have occurred in working on getting that April charter up.· I'm not this case.· So I'm sure, if needed, at some point, 100 percent certain what -- or what the cable is somebody could figure that out. referencing that Al-Rikabi was indicating would be · · Q· All right.· So let's walk through the the first group.· I can only guess that the first document. group would be to finalize that charter that we · · · ·So, according to this document, the deputy were working on, and, then go from there. consul general and the assistant legal attache met · · Q· Okay.· And do you know if it -- if the -- with Dr. Kadim Al-Rikabi from the Ministry of if the finalization did take place within 30 days? Foreign Affairs. · · A· Of -- of the -- the April charter was out Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13384 Page 18 of 32

Page 121 Page 123 37 days later, roughly. countries to.· And that's the response we would · · Q· Okay.· Okay.· Let's go down to like to get from Iraq. paragraph 2.· So let's go down to paragraph 2. · · Q· So, according to this cable, the Statement · · · ·The -- it says that an interministerial of Cooperation anticipated that the government of committee on deportations was formed, and it Iraq would issue travel documents rather than identifies various ministries that are part of the approve a flight manifest, correct? interministerial economy. · · A· I don't think it says "rather than."· But · · · ·Earlier, we were talking about references it does say "would streamline in the need for to Baghdad, and getting travel documents approved travel documents." by Baghdad, and you mentioned a committee. · · · ·Right.· They would issue travel documents. · · · ·Is this the same committee you were · · Q· And for the April 2017 flight, travel talking about? documents were issued; correct? · · A· Yes. · · A· That is correct. · · Q· Does this committee still exist?· Do you · · Q· And there was going to be a flight in June know? 2017; is that correct? · · A· To -- · · A· That's correct. · · Q· Today? · · Q· And for that flight, ICE was attempting to · · A· To my knowledge, yes. get travel documents for those Iraqi nationals, · · Q· Have they -- have the members of this correct? committee changed at all since March 2017? · · A· That's correct. · · A· I do not know. · · Q· At any time, did ICE try to effectuate the · · Q· Do you know who are -- who are the members June 2017 flight by submitting a flight manifest of the committee?· Individuals? versus obtaining travel documents? · · A· No. · · A· No.· It was my intention to get travel · · Q· And then -- yes.· And then it talks about documents for the individuals on the flight.

Page 122 Page 124 a Deputy Foreign Minister Khairalla. · · Q· Okay.· All right.· Iraq will sometimes -- · · · ·Is that Mr. Nizar, that we've been talking will sometimes issue a laissez-faire -- well, about today? sorry.· That's my economics background. I · · A· That falls in line with his name.· So I apologize.· I'm going to start over. would assume, yes. · · · ·Okay.· The Iraqi Government will sometimes · · Q· Okay.· Do you know what the -- the paren issue a laissez-passer? "Rucktail" means? · · A· Mm-hmm. · · A· I don't know off the top of my head. · · Q· Am I pronouncing that correctly? Sorry. · · A· Laissez-passer. · · Q· Okay.· Do you know when the April 2017 -- · · Q· Okay.· Is that sufficient to allow an when an agreement to allow the April 2017 charter Iraqi national to be deported on a commercial to go forward was reached with Iraq? plane? · · A· I don't know. · · A· Yes. · · Q· Okay.· All right.· And then down at four, · · Q· I told you we're asking you some very it says -- it says that Al-Rikabi said that "once basic questions. a deportation notification and accompanying · · · ·All right.· Now, we're going to get into documents were received by the MFA, the Ministry some numbers, which should make for some fun. of Interior would review and verify the evidence · · · ·MS. SCOTT:· Okay.· This is going to be of citizenship provided by the United States." Exhibit 9. · · · ·Has there ever been a requirement on how · · · ·(Exhibit 9 was marked for identification.) long the review and verification of evidence of · · · ·THE WITNESS:· Thank you. citizenship would take? BY MS. SCOTT: · · A· So it's Ice's typical stance that a travel · · Q· Do you recognize this document? document be issued within 30 days of a request. · · A· Yes. So that -- that's the standard that we hold all · · Q· So let me -- let me ask you this question: Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13385 Page 19 of 32

Page 145 Page 147 this were to be dated July 2018, and then the · ·document.· But that's not to say I haven't seen officer had recommended release, then I would've · ·it. certainly seen this.· Yes. · · · ·Q· Okay.· So let me ask you this, then:· Are · · Q· Okay.· The second-to-last sentence -- · ·you familiar with Iraq making statements to actually, it's the very last part of the first · ·various European Union countries and Canada sentence of the document.· It starts with, "Also, · ·about -- let me start over. Mr. Shou stated that he is unwilling voluntary · · · · · ·In January 2017, were you aware that other repatriated to Iraq.· Therefore, and according to countries were being told by Iraq that they would not our regulations, we will not be able to start any accept and force repatriation of their nationals? application for him at this time." · · · ·A· No.· I do know about the Brussels' working · · · ·Did I read that correctly? · ·group.· But it's a working group that the US group · · A· You did. · ·doesn't have an active role in.· We only have an · · Q· Okay.· Do you know what happened after · ·observation role.· So, unfortunately, since we receiving this letter with regards to Mr. Shou's · ·didn't have much of a role in it, I wasn't very detention? · ·engaged in what was going on.· So that's why I · · A· I do not. · ·said I don't know if I recall it. · · Q· Would that type of -- of statement from · · · · · Like, I may have seen this document.· But the Iraqi Government trigger a SLRRFF analysis? · ·if I did, I didn't pay much -- I didn't give them · · A· What I would have -- I -- I don't know · ·much of my attention.· So I don't recall reading what happened in this particular case. · ·this readout from this teleconference. · · Q· Mm-hmm. · · · ·Q· Okay.· So let's leave it at that, then. · · A· But what I would've liked to have had · · · · · All right.· Okay. happen is that the officer brought it to the · · · · · MS. SCOTT:· Let's mark this next one as attention of his -- this went to the -- this went · ·Exhibit 13. to the -- the office in Detroit, not to my · · · · · (Exhibit 13 was marked for

Page 146 Page 148 officer.· My officer should've, eventually, gotten · · · ·identification.) it, but I'm not certain if he did.· But I would've BY MS. SCOTT: liked my officer to -- to talk to his unit chief · · Q· So this document is a June 7th, 2017, to make contact with the embassy to discuss this letter from the consul of Iraq in Washington, DC, situation.· Because, again, volunteering to return to the Department of Homeland Security, to your country is not part of the removal order. Mr. Julius Clinton, who was somebody that worked · · Q· Okay.· I understand that. under you, correct? · · · ·But if Iraq is indicating that they will · · A· That's correct. not start any applications for travel documents · · Q· Have you seen this document before? for an individual, that means you cannot · · A· Yes.· It looks familiar. repatriate the individual to Iraq, correct? · · Q· Okay.· And it says, "With reference to · · A· So -- yes.· I -- if they indicate that your request for travel documents for the aliens they're not going to start anything.· But this is whose names are listed in the attachment, kindly from the consul.· The embassy oversees the be advised the Embassy of the Republic of Iraq in consuls.· So we should engage the embassy. Washington, DC, is unable to issue such travel · · Q· Okay.· Okay.· Now I understand most of documents for the lack of required official Iraqi your answers.· Okay.· Thank you.· Okay. documents." · · · ·MS. SCOTT:· So I'm going to mark the next · · · ·Did I read that correctly? as Exhibit 12. · · A· Yes. · · · ·(Exhibit 12 was marked for · · Q· Okay.· And then the second-to-last · · · ·identification.) sentence starts -- it says, "The applicant must BY MS. SCOTT: submit with his request an original and valid · · Q· Okay.· Are you familiar with -- with Iraqi personal identification card and Iraqi Exhibit 12? citizenship certificate and should express orally · · A· I -- I don't necessarily recall this and in writing his willingness to return to Iraq Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13386 Page 20 of 32

Page 149 Page 151 voluntarily in order to be issued a travel · · A· Mm-hmm.· That's correct. document." · · Q· And did you -- did ICE submit travel · · · ·Did I read that correctly? documents to the embassy in DC for these · · A· Correct. individuals in -- in May or June 2017? · · Q· And if you turn the page, there's a list · · A· For the -- of 24 individuals.· The person at No. 9 is · · Q· For these individuals. Usama Hamama, which is the petitioner in the · · A· Oh, for those -- sorry.· For those Hamama litigation, correct? individuals, I can only surmise from this letter · · A· I actually don't know his first name. that Julius sent those cases to the Iraq Embassy · · Q· Okay.· Well, let me represent that to you. in Washington, DC. · · A· Okay. · · Q· But you don't know for sure? · · Q· All right.· So upon receiving this letter, · · A· I do not know for sure. was there a SLRRFF analysis conducted as to · · Q· So you don't know for sure if what the whether or not Mr. Hamama could be removed to embassy is saying here has been directed by Iraq? Baghdad to State, do you? · · · ·MR. SILVIS:· Object to the foundation. · · A· I do not know for sure. · · · ·THE WITNESS:· So what -- what this letter · · Q· What did -- what happened after this states is something that the embassy has stated letter was received to obtain travel documents for after the Statement of Cooperation had come out. these individuals? · · · ·I had met with the ambassador.· And, · · · ·MR. SILVIS:· Object to the form. basically, this letter states the embassy will not · · · ·THE WITNESS:· These cases were -- I don't issue the documents.· You know, they wanted to have know for certain.· But these cases should've been Baghdad mandate that the embassy issue the part of that 280 tranche that was sent to Baghdad documents.· So this document -- this statement is during the same time frame. not saying that they're not going -- that they're · · Q· And did you receive any statement from

Page 150 Page 152 not Iraqi.· This is just more of their way of Baghdad on those 280 requests after this letter saying, "Go through your other channel.· Go through was received by Julius Clinton? Department of State as -- as you did with the · · A· I don't recall any written notification April 2017 charter, those individuals, to get from the embassy or from the -- or from Baghdad the travel -- to get the -- the authorization to regarding the 280 cases. issue travel documents." · · Q· Did Baghdad issue any travel documents · · · ·Have it come from Iraq versus the embassy. after June 7th, 2017, for these individuals · · Q· Okay.· Where in this letter does it say after -- after this letter was received? that you should go to Iraq, or what we've been · · · ·MR. SILVIS:· Just a clarification.· What do calling Baghdad, to get the documents? you mean, "these"?· Are you pointing to the -- · · A· The letter doesn't explicitly say that. you're pointing to the letter. But I know from my experience and my engagement · · · ·MS. SCOTT:· I'm pointing to the individuals with the -- the Iraqi Embassy, especially after on the letter. the -- the e-mail on March 12th or March 13th · · · ·MR. SILVIS:· Okay.· So you're pointing to regarding the interministerial committee on the individuals in '17? deportations.· I -- I met with the embassy, and · · · ·MS. SCOTT:· So let me -- let me clarify the they -- they said -- they outlined, you know, record. which cases they wanted to go to the -- to Iraq, · · · ·MR. SILVIS:· Sure. cases that they wanted to come to Washington. BY MS. SCOTT: · · · ·And this is, essentially, stating that · · Q· After receiving this letter, and after these cases should go directly to Iraq without Baghdad having received the 280 travel documents, explicitly saying that. did Baghdad issue travel documents? · · Q· Okay.· So the -- the travel documents -- · · · ·MR. SILVIS:· Object to the form. we saw in an earlier document that the 280 travel · · · ·THE WITNESS:· I don't believe, from the documents were submitted to Baghdad, correct? 280 -- I don't have visibility on every single case Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13387 Page 21 of 32

Page 173 Page 175 may be the immigration enforcement EO.· I don't gotten a -- I forget the number, but we had gotten know which one 13768 is. a decent amount of travel documents, and we wanted · · Q· Okay.· What's an immigration EO? to get the individuals out as soon as possible. · · A· So, upon entry into office, We do have restrictions going commercially to some President Trump signed a few EOs, I think, within countries.· I don't know exactly how long it takes the first week.· And one of them was regarding, to get to Iraq.· Not -- obviously, in the air, it essentially, interior enforcement -- interior doesn't take that long.· But there's country immigration enforcement.· And within that, there clearances and then notification time periods and was a bullet on foreign countries taking their transiting issues. nationals back. · · · ·So the -- you know, we can get a small · · Q· And did that have anything to do with flight bought and paid for and scheduled within Iraq? ten days, which is much quicker than getting the · · A· No.· It was just foreign countries. field to schedule a commercial removal for an · · Q· Are you aware of any MOU between Iraq and individual.· So it was more -- it was mostly about the State -- I'm sorry -- Iraq and State?· Is efficiencies, about getting, you know, at least "State" referring to Department of State? some of them out as soon as possible. · · A· That's correct. · · Q· So why did you want to get them out as · · Q· Okay.· Are you aware of any MOU between soon as possible? Iraq and State? · · A· Because they had already been in custody · · A· I -- on removals? for almost over a year, you know, from the -- · · Q· On repatriations and the return of Iraqi prior to the inception of the litigation, and then nationals. during the litigation until they were removed from · · A· No.· I don't -- I'm not aware of any MOU the class.· And then they got the final order. between the Department of State and Iraq on · · · ·I mean, at the end of the day, people removals or repatriation. are -- in ICE custody are being -- you know, they

Page 174 Page 176 · · Q· Okay.· Are you aware of any negotiations don't have, you know, the civil liberties. between Iraq and the State on an MOU about They're not -- they're not free to, you know, do repatriations? what they want to do.· I'm sure they want to get · · A· No. out as soon as possible. · · Q· Have you been involved in any negotiations · · · ·So -- and, you know, additionally, you between Iraq and the State on repatriations of know, it costs ICE $133 a day to detain somebody. Iraqi nationals? So it makes sense, both on a humanitarian issue · · A· No. and a fiscal issue, to remove them as soon as · · Q· Are you aware of any -- anybody at DHS possible. that is working on an MOU between State and Iraq · · Q· Does detention take a toll on a person? on repatriation of Iraqi nationals? · · · ·MR. SILVIS:· Object to the form. · · A· No. · · · ·THE WITNESS:· I think it depends on the · · Q· Do you know of any MOU between DHS and person. Iraq about repatriation? BY MS. SCOTT: · · A· No. · · Q· In general, do you think a year of · · · ·MS. SCHLANGER:· Seems like -- yeah. detention is -- is tough on people? BY MS. SCOTT: · · · ·MR. SILVIS:· Object to the form and · · Q· All right.· Let's push that off to the foundation. side. · · · ·THE WITNESS:· I would think -- to be honest · · · · Why was the May 2018 flight a charter? with you, some people, yes, have a hard time.· But · · · ·Let me rephrase that. some people never want to leave. · · · ·So in May 2018, some Iraqi nationals were BY MS. SCOTT: removed. · · Q· What do you mean by that? · · · ·Why was a charter used? · · A· That they get comfortable in detention. · · A· So we had gotten the sense -- we had They have their Nintendo, their warm meals, and Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13388 Page 22 of 32

Page 189 Page 191 received an e-mail from folks at the US Embassy in · · A· No. Baghdad regarding the meeting. · · Q· Are you aware of -- are these documents · · Q· Okay.· Did they give you any information recommendations to sanction Iraq? about what was discussed during the meeting, other · · A· Yes. than the interviews starting? · · Q· And who did these documents go to, · · A· Not that I recall.· No. eventually? · · Q· So you weren't privy -- you weren't part · · A· Well, eventually, they will go to the of the -- of the meeting between the Baghdad -- Secretary of Homeland Security. the US Embassy in -- US Embassy, Baghdad, and the · · Q· And do you know if they were sent to the deputy foreign minister, correct? Secretary of Homeland Security? · · A· That is correct. · · A· I don't believe that they were. · · Q· Did -- the e-mail references that there's · · Q· Do you know why? going to be interviews started, correct? · · A· Because there was an exercise last summer · · A· That's correct. regarding 243(d) packages that never -- never · · Q· Were interviews conducted in July 2017? came -- never concluded. · · A· Yes. · · Q· All right.· What are 243(b) packages? · · Q· Do you know how many interviews were · · A· 243(d). conducted? · · Q· 243(d) packages.· Thank you. · · A· Roughly, 75 to 80-ish. · · A· 243(d).· The package that I'm referencing · · Q· And after conducting those 75 to 80-ish is the S1 to S1 letter to invoke visa sanctions. interviews, were any travel documents issued by · · · ·EAD to D1, that's the executive associate Iraq? director of ERO to the director of ICE to invoke · · A· No. sanctions, the recommendation letter. · · Q· Okay. · · · ·Then the other letter is a director vice · · · ·MS. SCOTT:· This is going to be Exhibit 22? to the Secretary of Homeland Security recommending

Page 190 Page 192 · · · · · THE REPORTER:· Yes. · ·sanctions. · · · · · (Exhibit 22 was marked for · · · · · And then the last document in this package · · · · · identification.) · ·is a white paper, which sort of outlines all our · · · · · THE WITNESS:· Thank you. · ·engagement with whatever countries that need to be · ·BY MS. SCOTT: · ·sanctioned. · · · ·Q· All right.· So this is an e-mail from · · · ·Q· And the visa sanctions referenced here, is · ·Floyd Farmer to you.· And I will let you know that · ·that the same set of sanctions that we -- the · ·we did not receive the attachments in the · ·same -- let me rephrase. · ·production.· But the subject line says, "FWD: · · · · · ·Earlier this morning, we talked about what · ·Sanctions Iraq," correct? types of sanctions could be imposed on Iraq if they · · · ·A· Mm-hmm.· That's correct. don't agree to repatriation. · · · ·Q· Okay.· And it's dated July 20th, 2017, · ·Is that the same sort of visa sanctions that are · ·correct? being referenced here? · · · ·A· That's correct. · · · ·A· Yes. · · · ·Q· Okay.· And the attachments are called · · · ·Q· Do you have an understanding of why the · ·formal -- "Formal Letter S1 to S1, Invoke Visa · ·sanctions weren't imposed? · ·Sanctions Iraq.docx." · · · ·A· Because, at the time, we didn't agree upon · · · · · There's also a memo, "EAD to D1, Invoke · ·going forward with the sanctions. · ·Visas Sanctions Iraq.doc." · · · ·Q· Who did not agree with going forward with · · · · · And there's a memo, "D1 to S1, Invoke Visa · ·the sanctions? · ·Sanctions (7-19-17) Iraq.doc." · · · · · MR. SILVIS:· I think, at this point, we're · · · · · And then a white paper, "Invoke visa · ·going into the deliberative process-type situation · ·Sanctions Iraq.docx." · ·if we're discussing different policy alternatives · · · · · ·Was there any letter sent to the -- sent to · ·and how to go forward. Iraq about sanctions? · · · · · So I think, at this point, I'll instruct Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13389 Page 23 of 32

Page 193 Page 195 him not to answer that. · · · ·MS. SCOTT:· All right. · · · ·MS. SCHLANGER:· Let's step outside for two seconds. · · · ·MS. SCOTT:· Okay. · · · ·Let's go off the record. · · · ·(Recess.) BY MS. SCOTT: · · Q· Did -- were these memos sent to EAD? · · A· I don't recall if they were sent to the EAD.· Actually, they were created. · · Q· I'm sorry.· They were created by? · · A· If they're -- my unit created them. I don't know if they made it to the EAD.· I don't · · A· Sure.· Sure. know. · · · · · Q· Do you know if -- if they were sent to the Secretary of DHS -- ck audio · · · ·Oh, the director of DHS?· Thank you. · · · ·MS. SCHLANGER:· No.· No.· No. BY MS. SCOTT: · · Q· Oh, did they make it to the director of ICE? · · A· I -- it -- I don't know if they made -- if they didn't make it to the director of ERO -- or EAD, they wouldn't have made it to the director of

Page 194 Page 196 ICE. · · · Q· Okay.· All right.· So you just don't know how far it got in the process.· Okay? · · A· I -- that's correct. · · Q· All right. · · · ·MS. SCHLANGER:· Do one more.· Trust me. Just ask. · · Q· Okay. BY MS. SCOTT: · · Q· Did it make it to S1? · · A· No, it didn't make it to S1. · · · ·MS. SCOTT:· Let's take a break. · · · ·(Recess.) BY MS. SCOTT: · · Q· I want to go back to talking about visa sanctions. · · A· Mm-hmm. · · Q· How many times in fiscal year 2017 were visa sanctions issued? · · A· For -- · · Q· And what countries received those sanctions? · · A· -· · Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13390 Page 24 of 32

Page 217 Page 219 · · · ·Is there a plane scheduled to return Iraqi this? nationals to Iraq in July? · · A· Yes. · · A· There is currently not a charter scheduled · · Q· And do you know -- of those 21 cases, do to remove Iraqi nationals in July.· All -- all you know if there have been travel documents removals are currently scheduled -- all removals issued for any of them, or do you not know, one are being scheduled commercially at this time. way or the other? · · Q· And that's going to be in July, correct? · · A· I don't know, one way or the other. · · A· In July -- right now, we don't have · · Q· So it's possible that some of those 21s anything on my desk, or anything cooking for any that were submitted to Baghdad have actually time in the future.· Not -- not in -- not in, you issued travel documents? know, forever future, but the immediate -- you · · · ·MS. SCOTT:· Objection; foundation. know, July -- July is two weeks over -- it's over BY MR. SILVIS: in two weeks.· There's no Iraq charter that's · · Q· Is it possible that some have issued? going to occur in July. · · A· It's possible that some have had travel · · Q· Okay. documents issued. · · · ·MS. SCHLANGER:· All right. · · Q· Okay.· Then, if you could, grab -- there's · · · ·MS. SCOTT:· Thank you very much for your a few that I wanted to ask you about.· It's a time. document -- Exhibits 11 and 13. · · · ·MR. SILVIS:· I have a couple follow-ups · · · ·(Exhibit 11 & 13 were referenced.) that I wanted to do.· Yeah.· So you might have some BY MR. SILVIS: after.· So if I could just have a few. · · Q· First, my question, before today, had you · · ·EXAMINATION BY COUNSEL FOR RESPONDENTS seen Exhibit No. 11? BY MR. SILVIS: · · A· I think I -- I think I actually have seen · · Q· Let's see.· I'll ask you about a few 11 before.· It looks somewhat familiar to me. documents here. · · Q· Okay.· And then same question with

Page 218 Page 220 · · · · · Let's see.· Would you grab Exhibit No. 4? Exhibit 13. · · · · · (Exhibit 4 was referenced.) · · · ·Have you seen it before? · · · · · THE WITNESS:· (Witness complies.) · · A· Yes, I've seen 13 before. · · · · · Yes.· I have it. · · Q· Okay.· Now, when you received these · ·BY MR. SILVIS: documents -- or if you had seen them before, could · · · ·Q· And then, if you turn within Exhibit 4 you just, briefly, remind us what these are, 11 · ·to -- the bottom of the page is Bates marked and 13? · ·ICE0271055. · · A· They're correspondence from · · · ·A· Yes. representatives of the government of Iraq to -- to · · · ·Q· And it's where they're discussing Iraq -- ICE officials. · ·where the document discusses Iraq. · · Q· Okay.· And what -- what information are · · · ·A· Yes. they conveying? · · · ·Q· Do you see where I'm talking about? · · A· So Exhibit 13 is indicating that the · · · ·A· Yes. embassy of Iraq cannot -- is unable to issue · · · ·Q· Okay.· In the -- one, two, three -- on the documents for 23 -- 24 individuals because they · ·fourth bullet point, it discusses the ERO having lack required Iraqi documents. · ·submitted 21 cases to Baghdad. · · Q· So does that mean -- I'll just ask for 13 · · · · · Do you recall -- do you see that where first, then. · ·I'm -- · · · ·Does that mean that they will never be · · · ·A· Yes. issued travel documents? · · · ·Q· -- identify that in the document?· Okay. · · A· No.· For -- it's my understanding that -- · · · · · ·I think, earlier, if I heard you correctly, in my experience, that we continue to work with you testified something about those 21 cases having the government in Iraq in Baghdad to procure the been submitted to Baghdad. travel document for these individuals. · · · · · Do you remember being questioned about · · Q· Okay.· So receiving a letter like No. 13 Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13391 Page 25 of 32

Page 221 Page 223 doesn't mean that the individuals will not receive other, if this document is from the Iraqi travel documents? Government, for sure? · · A· That's correct.· My interpretation on this · · A· I -- for sure?· It looks like the one letter is that the embassy will not issue but has would be likely to be -- I'm sorry.· On the front not determined that the individual is not side, the one that's titled "Ministry of Foreign Iraqi and -- and so that we should and will engage Affairs," it looks similar to the other ones.· The with the Ministry of Foreign Affairs or Department backside, I can't tell.· I would say, I don't know of State, who will then engage with the Iraqi where it's from. individuals. · · Q· So just by -- so I understand, then, do · · Q· And same question with No. 11. you know -- you didn't receive Document 18?· It · · · ·When you receive a letter like No. 11, wasn't sent to you? does that mean that you will not get travel · · A· Doesn't look familiar to me.· No.· I don't documents from Iraq? know what it is. · · A· No.· Again, this is -- this is very · · Q· Can you say with any certainty it's from similar to -- to the Washington document.· But, the government of Iraq? you know, we -- we would try and leverage our · · · ·MS. SCOTT:· Objection; asked and answered. relationship with the -- the embassy in Washington BY MR. SILVIS: to get assistance while also sending the request · · Q· You can answer. to the Department of State to have them engage the · · A· To be certain, no.· But I would say if I government of Iraq in Baghdad. were to have received this letter, I would think · · Q· So it's possible that after receiving a it was from the government of Iraq. letter like 11, that -- Exhibit 11, that you will, · · Q· Okay.· Could you go to Document 21 -- eventually, get travel documents for those Exhibit 21 and, actually, 23 as well. individuals? · · · ·(Exhibit 21 & 23 were referenced.) · · A· That is correct. BY MR. SILVIS:

Page 222 Page 224 · · Q· I wanted to point you to Exhibit No. 18. · · Q· And then you were just asked some · · · ·(Exhibit 18 was referenced.) questions about Document 23. · · · ·THE WITNESS:· Okay. · · · ·Do you remember that? BY MR. SILVIS: · · A· Yes. · · Q· Got 18? · · Q· Okay.· And I think it was a little earlier · · A· Oh, sorry.· 18?· No.· That's the date. in your deposition when you were questioned about I'm going backwards. Exhibit 21. · · Q· That's all right.· Take your time. · · · ·Do you remember that? · · · ·MS. SCOTT:· I think, if you pick up the · · A· Yes. pile, it's on the bottom of the pile. · · Q· Are -- are Exhibits 21 and 23 talking · · · ·THE WITNESS:· Is it?· Oh, here it is. about the same rounds of interviews? · · · ·(Witness complies.) · · A· Yes. · · · ·I found it. · · Q· Okay.· And just to remind me, how many BY MR. SILVIS: interviews were conducted at that time? · · Q· Before today, had you ever seen the · · A· 80. exhibit marked No. 18? · · Q· And you testified that travel documents · · A· It doesn't look familiar to me. were not issued immediately after those · · Q· And can you turn it over, and look on the interviews? other side. · · A· That correct. · · A· Yes. · · Q· And why is that? · · Q· Same -- same question. · · A· It wasn't the intent of the government of · · · ·Does that look like a document that you Iraq or the embassy of Iraq to issue travel received before? documents at the time of the interviews. · · A· It doesn't look familiar. Ambassador Yasseen notified me that they would · · Q· All right.· Do you know, one way or the like to take an exploratory trip to meet with the Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13392 Page 26 of 32

Page 229 Page 231 from ERO's law enforcement systems analysis unit, · ·irrelevant. the weekly removal and detention report that comes · · · ·Q· Okay. out.· And it has the final orders.· And that would · · · · · MR. SILVIS:· They might have some redirect be the number. · ·for you. · · Q· Yeah.· I guess my question is, to the · · · · EXAMINATION BY COUNSEL FOR PETITIONERS extent that you know, was the 1,400 number · ·BY MS. SCOTT: something that Iraq set, or was that just the · · · ·Q· Yeah.· I do have a couple of redirects. total number of Iraqi nationals with removal · · · · · ·With regards to the six Iraqis that you are orders at that time? currently seeking travel documents for and you sent · · A· That was the total number of -- of Iraqi the -- the presentations to Baghdad, if they are nationals with removal orders at that time. put -- if they obtain the travel documents and they · · Q· Okay.· And, earlier, you testified that are put on a flight to Iraq, is there any guarantee the government of Iraq is ready to issue travel that Iraq will not send those individuals back to the documents to six people who they -- "they," US; or, in other words, not accept the flight? meaning the government of Iraq, knows are not · · · ·A· So if Iraq issues the travel documents for returning to Iraq voluntarily. · ·the individuals, we would have every indication to · · · ·MS. SCOTT:· Objection. · ·believe that, upon arrival in Iraq, they would be BY MR. SILVIS: · ·accepted for admission. · · Q· Do you recall that? · · · ·Q· Have you heard that some Iraqi nationals · · A· Yes, I do recall it. · ·had been returned to Iraq under enforced · · Q· Okay.· And when do you expect those travel · ·repatriation from other countries, and Iraq has documents to issue? · ·refused to accept them after the plane landed? · · A· I expect the documents to be issued · · · ·A· No. tomorrow. · · · ·Q· You have not heard of that? · · Q· Okay.· And do you have any reason to · · · ·A· No.

Page 230 Page 232 believe that the government of Iraq will not do · · Q· Let's take a look at Exhibit 11 and 13 that in the future for other people that also again. they're aware that do not want to go back to Iraq? · · · ·(Exhibit 11 & 13 were referenced.) · · A· No.· I believe this is -- this is going to BY MS. SCOTT: be the way forward. · · Q· And these are the letters received from · · Q· Okay.· Meaning what? Iraqi Government officials -- one from · · A· Meaning that this process will continue. December 6th, 2016, and one from June 7th, 2017 -- We've got the -- we've created the new cover in which they indicate that they will not accept letter for all the travel document presentation the individuals or issue travel documents because packages.· And the Ambassador has said that, you the individuals have not expressed a willingness know, they'll send it over to Baghdad.· Baghdad to return to Iraq; is that correct? understands the US Embassy has had communications · · A· That's correct. with the government of Iraq in Baghdad about · · Q· And you have testified that this is not an issuing the travel documents and keeping in the indication that travel documents will not be spirit of the Statement of Cooperation. issued by Iraq because you could submit a travel · · · ·So I think it's -- I think it's -- I document presentation to Baghdad, correct? suspect it's going to continue.· There's nothing · · A· That's correct.· And that's based on my that would indicate that it wouldn't.· I think if conversations with the Iraqi officials from the it weren't going to continue, they wouldn't have embassy after they -- the March 12th cable. done it in the first place. · · Q· Okay.· So this one is -- one of these, · · Q· Do you think it's, ultimately, irrelevant Exhibit 13, is June 7th, 2017, correct? whether an Iraqi national who has a removal order · · A· That's correct. wants to go back to Iraq, in terms of whether · · Q· And that's after what we've been calling they'll actually be removed? the Statement of Cooperation, or the cable, right? · · A· I think it -- yeah.· I think it's · · A· That's correct. Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13393 Page 27 of 32

Page 233 Page 235 · · Q· Did ICE submit a TD presentation to · · A· That's correct. Baghdad for these individuals? · · Q· Okay.· What kind of document is that?· Is · · A· I presume we did. it an MOU? · · Q· You do not know for certain -- · · A· It's an MOU. · · A· I do not know for certain. · · Q· And when was that MOU executed? · · Q· Did you have a process in place in June of · · A· Clearly, I'm the best with dates. 2017, to issue presentations to Baghdad when · · · ·It was in the summer of 2017.· It was embassies denied travel documents? signed by Elaine Duke, acting secretary, and · · A· It's my understanding that all the cases Secretary Tillerson. went to Baghdad in June that -- I'm sorry. · · Q· Okay.· So let's take a look at Exhibit 22. · · Q· Go ahead.· Finish what you were going to · · A· Sure. say. · · · ·(Exhibit 22 was referenced.) · · A· It was within that -- that 280 cases that BY MS. SCOTT: were submitted from late May to the first week of · · Q· And that exhibit was from Floyd Farmer to June, those all went to Baghdad. you, attaching exhibits, one of them which is · · Q· And Baghdad between -- and Baghdad, prior called "Formal Letter S1 to S1 Invoke Visa to the temporary restraining order in this case, Sanctions Iraq," correct? did not issue travel documents, did they? · · A· That's correct. · · A· No.· They -- from middle May to third week · · Q· Okay.· The analysis that was done to make of June, they did not provide the Iraq Embassy a recommendation for visa sanctions, was that with notification they issued travel documents. before or after the MOU between Department of · · Q· Okay.· So, in effect, these individuals' State and DHS? TD presentations were made to Baghdad, and Baghdad · · A· This -- the MOU was signed after this.· It did not issue travel documents, correct? was -- I believe it was August.· But the MOU · · A· Prior to the litigation? superceded an ICE-DOS MOU from 2011.· So that had,

Page 234 Page 236 · · · ·Q· Yes. essentially, the same information. · · · ·A· That is correct.· I believe they were · · Q· So what was the difference between the MOU · ·submitted to Baghdad, and they were not issued in 2011 and the MOU that was executed in 2017? · ·prior to the litigation. · · A· Nothing earth-shattering.· But, · · · ·Q· When we earlier discussed visa sanctions essentially, it was signed at the secretary level. · ·for Iraq, and we looked at an e-mail that had And it was secretary-to-secretary versus DOS · ·memos and write-ups proposing those sanctions, do consular affairs and DHS ICE.· That was the big -- · ·you remember that? that was the big change. · · · ·A· Yes. · · Q· And so the -- in Exhibit 22, when it's · · · ·Q· Was the proposal for sanctions made talking about the visa sanctions, that was done · ·pursuant to the MOU between State and DHS that you pursuant to the analysis of the 2011 MOU? · ·just testified about? · · A· Yeah. · · · ·A· Can you rephrase that a little bit? · · Q· Okay.· There are -- the April 2017 flight · · · ·Q· Sure.· Sure.· Let's take a look at the -- had eight people, correct? · ·see if we can find the exhibit here. · · A· I believe it turned out to be seven. · · · · · ·So you testified -- Mr. Silvis asked you · · Q· Seven.· Correct.· Because one was pulled about an MOU between the Department of State and the at the last minute. DHS, correct? · · A· (No verbal response.) · · · · · MR. SILVIS:· I didn't ask him -- don't · · Q· And I believe, you testified earlier that · ·think that's correct.· I didn't ask about an MOU. you are not -- you don't have knowledge of whether · ·I didn't ask any questions about an MOU. or not those individuals indicated they were · ·BY MS. SCOTT: willing to return to Iraq; is that correct? · · · ·Q· Okay.· So you testified about a document · · A· That's correct. · ·between the Department of State and DHS discussing · · Q· Okay.· Do you know of any instances in · ·sanctions? which travel documents had been issued by Iraq Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13394 Page 28 of 32

Page 237 Page 239 when an individual has indicated they do not want send this to Iraq.· We no longer need the

to go back to Iraq? declaration.· Yarub did chime in and say, Of

· · A· I don't know specifically if they've course, if they volunteer, it's much easier for

issued for people who -- who have verbalized that us.· That's -- that's sort of how that

they do not want to go back. conversation went on on July 2nd.

· · Q· Okay.· Is ICE actively planning removal of · · Q· Okay.· But did an Iraqi official state,

individuals who received travel documents after "We will issue travel documents for any individual

the May 2018 interviews? that says they do not want to go back"?

· · A· Yes. · · A· They did not make that statement.

· · Q· What is your current estimate of the · · Q· Okay.

timing of when those -- that flight will take · · · ·MS. SCOTT:· I don't have any further

place? questions.

· · A· It would be "flights" because it's · · · ·MR. SILVIS:· I think we're done.

commercial.· They wouldn't all go on the same · · · ·(Whereupon, at 4:40 p.m., the taking of the

commercial flight.· And I honestly don't know. instant deposition ceased.)

· · · ·As I mentioned earlier, depending on

transiting routes, some countries, they want X

amount of days for -- for -- for clearance to

allow the deportee to transit.· Other times,

there's airlines' restrictions where they'll only

allow three deportees worldwide on a certain

flight.· So with limited flights going into Iraq,

I -- I don't have -- I don't have your answer.

· · Q· Okay.· Have any government officials

affirmatively stated that after -- okay.· Let me

Page 238 Page 240 start over. · · · · · ·ACKNOWLEDGMENT OF DEPONENT

· · · ·So, tomorrow, you're expecting the Iraqi · · · ·I, JOHN AUGUSTIN SCHULTZ, JR., do hereby

Government to issue travel documents for six acknowledge that I have read and examined the

individuals who expressed that they did not want foregoing testimony and the same is a true,

to go back to Iraq, correct? correct, and complete transcription of the

· · A· Correct. testimony given by me and any corrections appear on

· · Q· Have any Iraqi officials affirmatively the attached errata sheet signed by me.

stated that after the travel documents are issued

for those six individuals, they will issue travel ______· · ______

documents for other individuals who expressed they · · · (SIGNATURE)· · · · · · · · · (DATE)

did not want to go back to Iraq?

· · A· From the July 2nd meeting, the

understanding was -- is that we wouldn't have

any -- the -- that declaration, Exhibit 10, is

nonmaterial.· And the question whether or not an

individual wants to go back won't effect their

travel document being issued.

· · Q· Okay.· Did an Iraqi official government

affirmatively make that statement?

· · A· An Iraqi Government official said that.

· · Q· And who was that official?

· · A· It came from the ambassador -- I believe

it was the ambassador, or the DCM.· But I'm

thinking it was the ambassador who was,

essentially, stating that we have this.· We'll Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13395 Page 29 of 32

Page 241 · · · · · · · ·CERTIFICATE OF REPORTER

· ·UNITED STATES OF AMERICA· ·) ss:

· ·DISTRICT OF COLUMBIA· · · ·)

· · · I, ANGELA K. MCCULLOUGH, RPR, the officer

before whom the foregoing proceedings were taken,

do hereby certify that the foregoing transcript is

a true and correct record of the proceedings; that

said proceedings were taken by me stenographically

to the best of my ability and thereafter reduced to

typewriting under my supervision; and that I am

neither counsel for, related to, nor employed by any

parties to this case and have no interest, financial

or otherwise, in its outcome.

· · · · · · · ·______

· · · · · · · · Notary Public in and for

· · · · · · · · The District of Columbia

· ·My commission expires:· 01/31/2020 Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13396 Page 30 of 32 SCHULTZ, JR., JOHN AUGUSTIN Confidential 07/12/2018 Page 240

1 ACKNOWLEDGMENT OF DEPONENT

2 I, JOHN AUGUSTIN SCHULTZ, JR., do hereby

3 acknowledge that I have read and examined the

4 foregoing testimony and the same is a true,

5 correct, and complete transcription of the

6 testimony given by me and any corrections appear on 7 the attached errata sheet signed by me. : c1) ~ · S' LJ3 ,le_ 10 (SIGNATURE} (DATE} 11

21 22

[email protected] U.S. LEGAL SUPPORT Phone: 888.644.8080 Ann Arbor I Detroit I Flint I Jackson Bingham Farms/Southfield I Grand Rapids Lansing I Mt. Clemens I Saginaw I Troy Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13397 Page 31 of 32

ERRATA SHEET

2? /G ch(U;,f<- ctr1µ;;t ;p 1\) l/,/fl) ,1 Case 2:17-cv-11910-MAG-DRG ECF No. 473-64 filed 11/01/18 PageID.13398 Page 32 of 32

1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE EASTERN DISTRICT OF MICHIGAN 3 SOUTHERN DIVISION 4 ------X 5 USAMA JAMIL HAMAMA, et al., 6 PETITIONERS AND 7 PLAINTIFFS, 8 v. Case No. 9 REBECCA ADDUCCI, et al., 2:17-cv-11910 10 DEFENDANTS AND 11 RESPONDENTS. 12 ------X ______/

VERIFICATION OF DEPONENT I, having read the foregoing deposition consisting of my testimony at the aforementioned time and place, do hereby attest to the correctness and truthfulness of the transcript.

j\ ~~L-- ~n Augustin Schultz, Jr: Dated: ~V /j ;)ot3'

1 Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13399 Page 1 of 27

EXHIBIT 5 Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13400 Page 2 of 27

Prepared for you by

The Power of Commitment TM

Bingham Farm /Southfield • Grand Rapids Ann Arbor • Detroit • Fhnt • Jackson • Lansing • Mt. Clemens • Saginaw • Troy Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13401 Page 3 of 27

Page 1 Page 3 · · · · · · ·IN THE UNITED STATES DISTRICT COURT · · · · · A P P E A R A N C E S

· · · · FOR THE EASTERN DISTRICT OF MICHIGAN ON BEHALF OF ALL PETITIONERS AND PLAINTIFFS:

· · · · · · · · · SOUTHERN DIVISION · KIMBERLY L. SCOTT, ESQUIRE

·------x · MILLER, CANFIELD, PADDOCK & STONE, PLC

USAMA JAMIL HAMAMA,· · ·: · 101 North Main Street

et al.,· · · · · · · · ·: · Seventh Floor

· · ·Petitioners and· · :· ·Case No. 1:17:cv-11910 · Ann Arbor, MI 48104

· · ·Plaintiffs,· · · · : · (734) 668-7696

· ·v.· · · · · · · · · ·:

REBECCA ADDUCCI,· · · · : · ·MARGO SCHLANGER, ESQUIRE

et al.,· · · · · · · · ·: · ·625 South State Street

· · ·Respondents and· · : · ·Ann Arbor, MI 48109

· · ·Defendants.· · · · : · ·(734) 615-2618

·------x

· · · · · · · · · Confidential

· · · · · ·Deposition of MICHAEL BERNACKE

· · · · · · · · ·Washington, D.C.

· · · · · · · · Friday, July 13, 2018

· · · · · · · · · · · 9:04 a.m.

Pages: 1 - 157

Reported By: Victoria Lynn Wilson, RMR, CRR

Page 2 Page 4 Deposition of MICHAEL BERNACKE, held at the · · ·A P P E A R A N C E S· ·C O N T I N U E D

offices of: · · ·ON BEHALF OF RESPONDENTS AND DEFENDANTS:

· · · ·WILLIAM C. SILVIS, ESQUIRE

· · · · ASSISTANT DIRECTOR

· · · ·UNITED STATES DEPARTMENT OF JUSTICE · · · · NICOLE MURLEY, ESQUIRE

· · · · 450 5th Street, NW · · · · TRIAL ATTORNEY

· · · · Washington, DC 20001 · · · · UNITED STATES DEPARTMENT OF JUSTICE

· · · · OFFICE OF IMMIGRATION LITIGATION

· · · · DISTRICT COURT SECTION

· · · · 950 Pennsylvania Ave,NW

· · · · Washington, DC 20530

· · ·Pursuant to notice, before Victoria Lynn · · · · (202) 307-4693

Wilson, Registered Merit Reporter, Certified

Realtime Reporter, Notary Public in and for the · · ·ON BEHALF OF U.S. IMMIGRATION AND CUSTOMS

District of Columbia. ENFORCEMENT AND THE WITNESS:

· · · · SABRINA V. VASA, ESQUIRE

· · · · ASSOCIATE LEGAL ADVISOR

· · · · DISTRICT COURT LITIGATION DIVISION

· · · · U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

· · · · 500 12th Street, SW MS 5900

· · · · Washington, DC 20536

· · · · (202) 732-3358 Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13402 Page 4 of 27

Page 5 Page 7 · · · · · · · · ·C O N T E N T S · · · ·E X H I B I T S· ·C O N T I N U E D

EXAMINATION OF MICHAEL BERNACKE· · · · PAGE J. SCHULTZ EXHIBITS· · · · · · · · · · · PAGE

· · · · By Ms. Scott· · · · · · · · · · · · · 8 Exhibit 23· ·7/20/17 Email Chain from Koontz

· · · · By Mr. Silvis· · · · · · · · · · · · ·153 · · · · · · to Schultz· · · · · · · · · · · · --

· · · · · · · · · E X H I B I T S Exhibit 24· ·10/27/17 Email from Bernacke to

· · · · · · (Attached to transcript) · · · · · · Schultz· · · · · · · · · · · · · ·--

J. SCHULTZ EXHIBITS· · · · · · · · · · · PAGE

Exhibit 1· · Schultz Declaration· · · · · · · · -- BERNACKE EXHIBITS· · · · · · · · · · · · PAGE

Exhibit 2· · Schultz Declaration· · · · · · · · -- Exhibit 25· ·Bernacke Declaration· · · · · · · · 8

Exhibit 3· · 6/15/18 Letter from Bernacke to Exhibit 26· ·1/10/18 Email from Bernacke to

· · · · · · Yasseen· · · · · · · · · · · · ·39 · · · · · · Clinton· · · · · · · · · · · · · ·126

Exhibit 4· · 2/22/17 Email Chain from Lenox Exhibit 27· ·Chart· · · · · · · · · · · · · · 128

· · · · · · to Pineiro, et al.· · · · · · · · -- Exhibit 28· ·1/22/18 Document from Clinton

Exhibit 5· · 8/4/17 Email from Schultz to · · · · · · to All· · · · · · · · · · · · · · ·132

· · · · · · Joseph, et al., with attachments· ·-- Exhibit 29· ·2/2/18 Email Chain from

Exhibit 6· · 1/11/18 Email from Maldonado to · · · · · · Al-Anpaqi to Clinton· · · · · · · 133

· · · · · · Clinton with attachment· · · · · ·--

Exhibit 7· · 1/17/18 Email from Ochoa to

· · · · · · Clinton with attachment· · · · · ·--

Exhibit 8· · 1/9/18 Email from Schultz to

· · · · · · Frankel, et al.· · · · · · · · · ·--

Exhibit 9· · Meeting with Iraqi Embassy

· · · · · · Regarding Litigation Volunteers· · 93

Exhibit 10· ·Exhibit B· · · · · · · · · · · · ·12

Page 6 Page 8 · · · ·E X H I B I T S· ·C O N T I N U E D · · · · · · · P R O C E E D I N G S J. SCHULTZ EXHIBITS· · · · · · · · · · · PAGE · · · · · · · · ·MICHAEL BERNACKE, Exhibit 11· ·12/6/16 Letter from Al Safi to having been duly sworn, testified as follows: · · · · · · DHS Re:· Shao, Nahidh· · · · · ·-- EXAMINATION BY COUNSEL ON BEHALF OF ALL Exhibit 12· ·1/24/17 Brussels Working Group PETITIONERS AND PLAINTIFFS · · · · · · Teleconference· · · · · · · · · -- BY MS. SCOTT: Exhibit 13· ·6/7/17 Compliments document · · Q· Good morning, Mr. Bernacke. · · · · · · from Abdulrazzaq Ali to DHS· · · ·-- · · A· Good morning. Exhibit 14· ·1/9/18 Email from Bernacke to · · Q· I am going to hand you Exhibit 25, which · · · · · · Jawad, et al.· · · · · · · · · · ·107 is the declaration that you submitted on Exhibit 15· ·1/25/18 Email from Bernacke to December 22nd, 2017. · · · · · · Clinton· · · · · · · · · · · · · ·113 · · · ·(Bernacke Exhibit 25 was marked for Exhibit 16· ·1/9/17 Handwritten Notes· · · · ·-- identification and is attached to the transcript.) Exhibit 17· ·12/5/17 Meeting with Al-Khairalla· -- · · Q· Do you recognize that document? Exhibit 18· ·Ministry of Foreign Affairs · · A· I do. · · · · · · document· · · · · · · · · · ·-- · · Q· Okay.· We're going to talk today about Exhibit 19· ·6/25/17 Email Chain from many different processes within ICE relating to · · · · · · Tenarodriguez to Weiller, et al.· · -- obtaining travel documents and other documentation Exhibit 20· ·6/28/18 Email Chain from for Iraqi nationals, and I think it would be · · · · · · Stafford to Clinton· · · · · · · ·123 helpful if off that we come to an understanding of Exhibit 21· ·7/17/17 Email Chain from Schultz the various terms that we're going to be using · · · · · · to Lieberman· · · · · · · · · · -- today. Exhibit 22· ·7/20/17 Email Chain from Farmer · · A· Uh-huh. · · · · · · to Schultz· · · · · · · · · · · · -- · · Q· All right?· If I use the term "GOI," do you understand what that means? Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13403 Page 5 of 27

Page 49 Page 51 procure travel documents. · · Q· And what does it mean? · · Q· So, let me ask you the situation where an · · A· It is a program that's managed within individual is out on an order of supervision.· Do enforcement removal operations that acquires you understand what that term "order of" -- immigration fugitives, aliens that have absconded · · A· Yes, I do. after the issuance of a final order of removal. · · Q· And what does it mean? · · Q· Is it always because somebody has · · A· It's essentially a parole or probation absconded? mechanism within the immigration context in which · · A· No.· The program has been reframed in we have aliens on supervised release reporting to recent years to focus on criminal aliens that are us on a regularized basis. at large or other enforcement priorities. · · Q· And because they're reporting, do you · · Q· Do you know the -- what the phrase understand you have knowledge of where they're "operation cross-check" means? residing; correct? · · A· I do. · · A· Generally speaking, yes. · · Q· And what does it mean? · · Q· Okay.· And in the situations in which · · A· It is an organized targeted operation that there are individuals out on orders of generally focuses on criminal aliens. supervision, has ICE obtained or started to obtain · · Q· When there is a fugitive operation, is it travel documents before they've arrested the typical that ICE will try to obtain or start the individual? process to obtain travel documents before the · · A· Can you restate that question. individual is arrested? · · Q· Sure.· Do you know of instances in which · · A· As I mentioned before, many times with our somebody was out on order of supervision, ICE at-large operations, and that encompasses fugitive submitted travel -- travel document presentations operations, many times with our at-large or applications and then arrested the individual? operations, we're operating off of actionable · · A· Yes. intelligence that is time-sensitive, leads that

Page 50 Page 52 · · Q· Is that typical? are time-sensitive, and we may not always have · · A· Yeah, it is.· Aliens on order of time to obtain a travel document prior to supervisions have final orders of removal or else acquisition of that alien. they wouldn't have an order of supervision. · · Q· Would future operations on occasion They -- at times, they are released as a result of include those individuals that are out on orders our inability to obtain a travel document and we of supervision? may receive one at a later date, and then we will · · A· It could.· It could. rearrest that alien as they were generally · · Q· And in those situations when there's a arrested once before. future operation for individuals with orders of · · Q· And when you say that you may receive a supervision, is it possible that ICE would have travel document at a later date, that's because tried to obtain travel documents before the ICE has made efforts to obtain that travel arrest? document; correct? · · A· Usually when they -- during the alien's · · A· Correct. initial detainment. · · Q· So, the concerns that you previously · · Q· You said, "usually"? testified about not knowing who the individual may · · A· Yeah, generally speaking. be or not knowing where they're located, all those · · Q· What do you mean by "initial detainment"? other concerns don't necessarily apply to those · · A· This kind of goes back to Zadvydas and that are out on orders of supervision. SLRRFF.· An alien is usually, generally, arrested · · A· It's a little bit different.· What I was by ERO, HSI, Customs and Border Protection.· They referring to previously was initial contact with are detained with us.· We may -- we will request a those individuals. travel document in instances where we do need a · · Q· All right.· So, do you know what the term travel document and -- and in the event that we "fugitive operation" means? are unable to obtain a travel document, that alien · · A· I do. may be released on an order of supervision. Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13404 Page 6 of 27

Page 57 Page 59 · · A· Okay.· We will identify, through our authorization on behalf of the U.S. Government for detention inventories, to see how many Iraqi the June 2017 flight? nationals are available for a charter flight with · · A· I don't. administratively final orders of removal and -- · · Q· Do you know who from the Iraqi Government and contact our ICE air operations division to see gave the verbal agreement? their availability for flights.· We use a contract · · A· I don't. service provider, so we have to make sure that · · Q· Do you know if the Iraqi Government gave a their scheduling is deconflicted with us, and we verbal agreement to that date? will notify them that we have a tranche of aliens · · A· I do not.· I don't know the mechanism in that are amenable to removal and can be flown out. which that was communicated to us. · · Q· So, then what happens next after you · · Q· All right.· We're slowly getting there. notify them? Let's go to the next page.· So, on paragraph nine, · · A· Usually, a date is agreed upon by my unit can you read that for me.· I mean as you're and ICE air operations and we will coordinate reading, I'm going to stop and we're going to talk logistics, a staging location, how many aliens about certain statements in here.· Okay? will be on the plane.· What else?· And -- and, · · A· Sure thing.· "Removal by commercial also, you know, any travel documents that need to flights requires a significantly more onerous be routed to -- to the staging location prior to process because travel documents must be the flight occurring.· And that's essentially -- individually obtained through direct engagement those are the iterative planning stages. with the Iraqi Government in Baghdad." · · Q· At what stage do you inform Iraqi · · Q· Okay.· Let's stop there.· What do you mean Government that there's going to be a charter by "commercial flights are a more onerous flight? process"? · · A· We will usually seek authorization to do · · A· Usually, and at the time of the drafting one prior to the nascent stages of planning to see of this declaration and -- we will have to obtain

Page 58 Page 60 whether or not they would be amenable to accepting travel documents individually from the Government a flight and what their availability is in terms of Iraq.· Those aliens are scheduled for an of potential accepting a flight. interview, and they're interviewed by the · · Q· Do you -- does the Iraqi Government give a government, and then the -- the authorization, as written confirmation that that date is acceptable I understand it, from the Iraqi side, is given in to them? Baghdad.· The embassy will issue -- the consulate · · A· Not that I have seen.· I think we've only will issue the travel document and then we will gotten verbal authorizations.· It may be different pay for it, receive it and then schedule a flight for our personnel abroad dealing with the Iraqi resulting from that. Government, but I have not seen any written · · Q· Okay.· Is this process more onerous than a authorization that I can recall. process that's used for other countries? · · Q· Okay.· And who on the U.S. side receives · · A· For commercial flights -- the verbal authorization from the Iraqi · · Q· Yes. Government? · · A· -- you mean? · · A· Usually it will be either myself or, most · · · ·It's -- it's equivalent, but the process, likely, my staff, James Maddox. in general, is more onerous than a charter flight. · · Q· And who would Mr. Maddox or yourself · · Q· Okay.· Can you read the next sentence, receive that verbal agreement or authorization please. from on the Iraqi side? · · A· Sure thing.· "This is a labor intensive, · · A· Usually from Mr. Al-Anpaqi. expensive and time-consuming process that requires · · Q· Was that the same process prior to you engagement of individuals in different agencies becoming unit chief? located in multiple countries." · · A· I couldn't speak to any particulars with · · Q· And it says, "in several different the process as to the details. agencies located in multiple countries"; right? · · Q· So, do you know who received the · · A· Uh-huh. Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13405 Page 7 of 27

Page 61 Page 63 · · Q· Okay.· What multiple countries are you -- · · Q· Has it always been the process to submit well, what do you mean by "several different the travel documents to the Iraqi Embassy in D.C.? agencies located in multiple countries"? · · A· Since I encumbered this role, yes. · · A· What I'm referring to is in any -- any · · Q· And that's currently the same process now? government agency that is utilized and contacted · · A· Yes. by the Government of Iraq, also ICE and Department · · Q· Okay.· Go ahead. of State. · · A· So, those travel documents requests are · · · ·MS. SCOTT:· Can you read that back to me. submitted.· We will coordinate interviews with the · · · ·(The reporter read the record as embassy, with the counselor staff and -- and agree requested.) upon a date and location which these interviews · · Q· Okay.· Do you know which agencies in Iraq will occur. would be involved? · · · ·The aliens are then -- we will contact the · · A· Generally, their Ministry of Foreign field offices once we identify a location to house Affairs, their Ministry of Immigration and also the aliens for those interviews.· We will contact the embassy.· I don't know the specific names for the field offices to transfer the aliens to that their Ministry of Foreign Affairs or Ministry of detention location, and I will send out Mr. Maddox Immigration, I'm just referring to the entities to accompany Mr. Al-Anpaqi to conduct those that have administrative controls over those interviews. processes. · · Q· Okay.· And then what's the next stage of · · Q· All right.· So, you called the obtaining that process? of travel documents a labor-intensive process and · · A· Mr. Maddox will escort -- he is the ERO time-consuming process. representative, of course, that Mr. Al-Anpaqi is · · A· It is.· It is. familiar with, so, we -- I will send a familiar · · Q· So, we are now going to walk through that face to escort Mr. Al-Anpaqi to the detention process.· And so, can you -- and we're going to location that we will conduct the interviews at

Page 62 Page 64 want the nitty-gritty.· Start from day one when and -- and Mr. Al-Anpaqi will interview the you identify that Iraqi national with the travel detainees to ascertain -- I have to assume document to when you get a decision from Iraq and ascertaining identity and citizenship from those whether or not the travel document will be issued. aliens. · · A· Okay.· As presently executed, what we do · · Q· Okay.· And what happens after the is identify the detention inventory of Iraqi interview? nationals that are currently detained by ICE, and · · A· He will -- as I understand it, he takes we will either reach out to the field offices or the results of those interviews, submits them to they will reach out to us with a travel document Iraq, as he's described in the past, and -- requests.· Again, travel documents processes are · · Q· Okay.· So, let me stop you there. centralized at headquarters. · · A· Sure. · · · ·The travel document requests are manually · · Q· What do you mean by "as he's described in reviewed by Mr. Maddox to ensure data quality, the past"? that they are complete, and submitted over to the · · A· During meetings.· During meetings that Government of Iraq.· We will -- to the embassy. I've had with him in which he's gone over his end · · Q· Can I stop you right there. of the process, Mr. Al-Anpaqi's end of the · · A· Sure thing. process. · · Q· And just for clarifications.· Is there -- · · Q· So, what did he say -- who -- what was his when you say it's submitted to the Government of description of the process? Iraq and then you said to the embassy -- · · A· He will identify the aliens, ascertain · · A· Uh-huh. their citizenship, and he will report back on the · · Q· -- which embassy are you talking about? results to -- · · A· The embassy here in Washington, D.C. · · Q· We're talking past each other.· It's my · · Q· Okay.· Iraqi Embassy? bad question.· Sorry. · · A· The Iraqi Embassy in Washington, D.C. · · A· Okay.· Okay. Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13406 Page 8 of 27

Page 65 Page 67 · · Q· So, who does he say he submits the the May 2018 interview -- applications -- · · A· Okay. · · A· He just says he sends them back to · · Q· -- and those individuals as our example. Baghdad. Okay?· And I also think that we might have a · · Q· So, he doesn't identify language difference about what we call the process specific individual -- for obtaining travel documents.· I've been using · · A· Or entity, no. "travel document presentation."· Do you know what · · Q· Okay.· Go ahead. that means? · · A· So, he will submit those -- those results · · A· Yes, I do. of his interviews back to Baghdad, and they will, · · Q· And what is that? as I understand it, give authorization to issue · · A· It's a packet of what I'm -- what I the travel documents. believe I'm referring to as a travel document · · Q· When are the travel documents submitted to request, it's a packet of documents that includes Iraq? identity documents, immigration documents and · · A· What do you mean? potentially passport applications, anything that · · Q· So, here's the -- so, let me -- so, I an embassy would presumably need to issue a travel think we talked about the interview process. I document. want to go before the interview process.· So, · · Q· And what's an identity document? you've identified the Iraqi national. · · A· National ID card, birth certificate, · · A· Uh-huh.· Uh-huh. et cetera. · · Q· How do you notify -- so, when -- okay. · · Q· Okay.· And then you've used the term When do you pull together travel document "travel document acquisition process."· What is presentation? that? · · A· The travel document presentation, by ICE · · A· The motions that we undertake to submit a guidance, is required to be submitted to us within travel document request or a travel document

Page 66 Page 68 seven days of receipt of the alien in ICE presentation to an embassy, any liaison efforts detention. that result from that, and interview efforts on · · Q· And who provides that presentation? the part of the embassy or consulate to -- to · · A· Usually deportation officers in the field identify that national and then issue a travel will submit that to my unit. document. · · Q· And, then, when is a travel document · · Q· Okay.· So, my questions before, when I presentation submitted to Iraq? used "travel document presentation," "travel · · A· Immediately thereafter.· It's supposed to document request," actually meant travel document be submitted as soon as possible. acquisition process. · · Q· And what is the source of materials that · · A· Okay.· Okay. are used for the travel document presentation? · · Q· So, that's, I think, where some of our · · A· Usually documents from the alien's disconnect was going. administrative file. · · A· Okay. · · · ·MS. SCOTT:· All right.· Let's take a · · Q· So, let's start with the travel document break. acquisition process for those individuals that · · · ·THE WITNESS:· Okay. were interviewed in May 2018. · · · ·(A recess was taken.) · · A· Okay.· So, those -- those aliens had a BY MS. SCOTT: number of travel document requests, the travel · · Q· So, Mr. Bernacke, we've been talking about document presentation packets, that were submitted the process for obtaining travel documents, the to the embassy, the Government of Iraq's Embassy interview process, and then the process to in Washington, D.C. throughout the month of -- actually effectuate removal to Iraq.· And I think months of March and April, and I believe a number it might be beneficial if we focus on a specific of cases went to them during May of 2018, that had instance that happened to try and walk through accumulated for a period of time, you know, during what happened there, and I want to refer -- use those months.· It was a numbering near 50 or so Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13407 Page 9 of 27

Page 69 Page 71 cases that had been presented to the embassy that within a week or two after the -- the conclusion they had not -- that they had not interviewed yet. of those interviews.· Three aliens were -- their · · · ·Myself, Mr. Schultz and, I believe, citizenship status as Iraqi nationals was in Mr. Maddox had an interview with the deputy chief question, and six aliens had refused to sign the of mission and also counselor staff to prompt them GOI form. to interview those cases immediately thereafter · · Q· Who from the GOI conducted the interviews the following -- in May 2018? · · Q· I'm sorry.· So, again, I'm going to stop · · A· Yarub Al-Anpaqi. you so we can -- · · Q· Was there anybody else? · · A· Sure. · · A· Not to my awareness.· I don't believe · · Q· When was the meeting with the counselor there was. staff? · · Q· And you would know if somebody else was · · A· I believe it was end of April, maybe May. partaking in the interviews because you would have · · Q· Okay. had to obtain their security clearance to get into · · A· Yeah. the facility? · · Q· All right.· Please proceed. · · A· Correct.· Yeah.· It was just -- it was · · A· Sure.· We had that -- we had that meeting just Mr. Al-Anpaqi.· Again, I was not personally and, shortly thereafter, within a week or two present for those interviews, it was Mr. Maddox, weeks, the embassy agreed to conduct -- to conduct but he did not report to me anybody else who interviews for all the cases that we had presented staffed those interviews. during the months of March, April and May. · · Q· Do you know if at any time during those · · · ·We coordinated with the Atlanta field interviews any other individuals were in the room office to use some of their detention space to besides Mr. Al-Anpaqi and the Iraqi national? hold the aliens for a limited amount of time to · · A· Not that -- not that I'm aware of.· Not conduct the interviews. that I'm aware of.· I -- perhaps some contractors,

Page 70 Page 72 · · · ·I had Mr. Maddox fly out to -- to the contract detention staff that needed to be there region and meet up with Mr. Al-Anpaqi to visit the by virtue of their safety and security, but to my Stewart detention center where the aliens were knowledge, it was only Mr. Al-Anpaqi and the detained to interview those aliens. detainee. · · Q· Okay.· And then what was the next step in · · Q· Do you know if ICE submitted 280 TD the process? presentations back in May through June 2017? · · A· The aliens were interviewed and -- the · · A· I'm not aware of that. aliens were interviewed and, you know, · · Q· So, you don't know for the individuals Mr. Al-Anpaqi reported the results back to that were interviewed in May 2018 if travel Baghdad. document presentations were previously submitted · · Q· And then what happened after those results for these individuals? were reported to Baghdad? · · A· I -- I'm not aware of that. · · A· So, 42 cases were ultimately transferred · · Q· Would their files reflect if travel over to Stewart out of the 50 or so cases that had document presentations were submitted back in May been presented to them.· And during the time that or June 2017? they had -- that they had been waiting -- awaiting · · A· Potentially, however, I did not personally interview with the embassy, a number of cases had review every alien's file. submitted motions to reopen, I believe, untimely · · Q· When you were getting up to speed after appeals, and had actually been put back into becoming unit chief, did Mr. Schultz or removal proceedings as a result of those actions. Mr. Clinton inform you that 280 travel So, they were no longer on the table.· So, only presentations had been made for Iraqi nationals in 42 cases were ultimately transferred over to May and June 2017? Stewart. · · A· Not that I recall.· I just remember · · · ·And all aliens were interviewed.· As I conversations about the manifests. recall it, 33 cases had travel documents issued · · Q· What types of travel documents were issued Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13408 Page 10 of 27

Page 73 Page 75 for the individuals that were interviewed in · · A· Yeah. May 2018? · · Q· What are the individuals' names? · · A· To my awareness, they were · · A· I don't recall offhand.· The one alien laissez-passers.· They were onetime use travel that I do remember his name is the one with the documents. alias and he is using the name of George Arthur. · · Q· And, typically, for the Iraqi Government, · · Q· Is that the individual that was arrested how long does that -- what's the expiration date on the beach? for those types of documents? · · A· Yes. · · A· I believe it's six months. · · Q· If the -- for these individuals, if, after · · Q· Has there been instances in which the ICE submits travel document presentations to these document's expiration date exceeded six months? other countries and those countries come back · · A· Not that I'm aware of but, then again, I indicating that they're not their citizens, what have not reviewed every travel document personally happens next? that has been issued. · · A· Usually we will re-present the case to the · · Q· Okay.· You indicated that there were three Iraqis or whichever government we are dealing individuals in which there was a determination with, if we are speaking generally, and ask them that they may not be Iraqi citizens; is that to take a second look at the case.· We will correct? usually garner the support of Department of State, · · A· Correct. their assets abroad, to present the case to · · Q· What's the next step for those three Baghdad or any other government that we have some Iraqis? sort of indicia of potential citizenship of and · · A· We -- seek travel documents through those means, as · · Q· Sorry.· Let me rephrase that.· What's the well. next step for those three individuals? · · · ·Essentially, we take a second bite at the · · A· Well, the Iraqi Government, you know, apple with any country that we think the alien may

Page 74 Page 76 Mr. Al-Anpaqi indicated that he believed that one have some indicia of citizenship or connection to. of the aliens was Syrian, one of the aliens was We'll also seek third county removal options, as Palestinian, and the other was Kuwaiti, so, we are well. seeking travel document requests from those · · Q· If both of those efforts are unsuccessful, respective governments. what happens next? · · · ·For one alien, and I can't recall if it · · A· We'll take a look at the circumstances of was the alien who was noted to potentially be each case, the facts of each case, to include, you Palestinian or Syrian, we do believe that person know, criminal history, immigration history, to actually be an Iraqi national; however, during travel document acquisition efforts, and make a his arrest by the border patrol, I understand that custody determination based off of that. to have occurred on a beach and he had zero · · Q· Is that a SLRRFF analysis? iden -- identification documents, any documents to · · A· Correct. his name, and is using an alias while in · · Q· All right.· Let's go back to the six detention. that refused to sign the GOI form.· And you're · · · ·And we are currently using our abroad referring to the form that's at Exhibit 10; personnel in Europe to investigate various correct? locations that he resided in in Europe to see · · A· Correct. whether or not he had documents that were · · Q· All right.· What's the next steps in the submitted to those governments during his presence efforts to remove those individuals? there.· So, we are acquiring travel documents · · A· The -- we ask the Iraqi Embassy what our through other means. options were in terms of acquiring a travel · · Q· So, did you just discuss four individuals document without the GOI form being filled out and there? submitted by the detainee.· They indicated that we · · A· It was three individuals. could write them a letter indicating limited · · Q· Three. biographical information associated with the Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13409 Page 11 of 27

Page 77 Page 79 alien, to include their alien registration number, with -- with those three in the room. I also believe date of birth, the issuance of · · Q· What was the date of that meeting? their -- their final order of removal, any · · A· I -- I believe it was -- it was sometime criminal history that they may have in the United at the end of June or perhaps July 1st.· I can't States, and also indicate that their final remember offhand. order -- in the body of the letter, that their · · Q· And what took place during that meeting? final order is, in fact, administratively final · · A· We -- we discussed the body of -- I and that it nullifies any potential legal status believe it was Exhibit 3 at the time or another that they may have had in the United States prior iteration of that letter.· We discussed the to the issuance of that final order, and -- and contents of that letter, what they were expecting they would submit that to Baghdad and that would in the letter in terms of additional information circumvent the need for a GOI form being related to the alien's immigration history in the completed. United States.· That way we can provide them a -- · · Q· So, the letter that you're discussing, is what they felt would be a sound letter to that at Exhibit 3? circumvent the need for the GOI form. · · A· That was the original iteration, the · · Q· And what else happened at that meeting? document in Exhibit 3 that you're referring to, · · A· They reviewed the letter.· They elaborated that was the original iteration of the letter, upon what they needed from us, and we made however, they reviewed it and they wanted -- the modifications accordingly based off of that, the Iraqi Embassy reviewed that letter.· They wanted meeting that we had with them. additional information relating to the facts that · · Q· Anything else happen at the meeting? I had just previously elaborated upon and that the · · A· Not that I can recall. administratively final order of removal nullified · · Q· Did -- was there a discussion about the any legal status to the aliens, you know, GOI form? previously held legal status in the United States, · · A· We did indicate to them that the GOI form,

Page 78 Page 80 and -- and elaborate that in the body of the you know, as we had previously indicated to them, letter and submit it to their office. was not something that ICE felt was necessary · · Q· Okay.· And when was that submitted to the to -- to issue a travel document for each case and office? that we did not want to use it going forward, in · · A· It was submitted at the beginning of this which the Iraqis said that, you know, given the month, I believe, on June -- or I'm sorry, contents of the modified and edited letter based July 2nd. off of our discussion would circumvent the need · · Q· And when did Iraq indicate to you that the for the GOI form going forward. June 15th, 2018 letter was not sufficient, the · · Q· For those six individuals or for letter in Exhibit 3? everybody? · · A· Yeah, it -- yeah, let me just try to · · A· Everybody. refresh my memory.· Sorry.· I'm just sorting out · · Q· Did the Iraqi officials indicate that they dates in my mind.· I believe it was -- I don't would no longer ask Iraqi nationals if they remember the date offhand.· I believe it was at desired to go back to Iraq? the end of June -- either end of June or maybe the · · A· We did not -- we did not explicitly ask first of July. them that question.· My perception of the meeting · · Q· And who indicated that to you? is that the inference was there based off their · · A· That was the ambassador of Iraq to the discontinuance of the use of the GOI form. United States, the deputy chief of mission, and · · Q· But you did not ask that question; also Mr. Al-Anpaqi who was present during that correct? meeting. · · A· No. · · Q· So, did they communicate directly to you · · Q· And they did not give you a statement to or was it through others in the U.S. Government? that effect; correct? · · A· No, it was during a meeting that I · · A· We did not explore that with them. personally had with Mr. Schultz and Mr. Maddox · · Q· They did not give you a statement to that Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13410 Page 12 of 27

Page 81 Page 83 effect; correct? get travel documents in the next, say -- let me · · A· Correct. rephrase that. · · Q· When are you expecting a response from the · · · ·If you don't get the travel documents Iraqi Government relating to these six tomorrow, at what point are you going to conduct individuals? the SLRRFF analysis of these individuals? · · A· Today. · · A· At the next point in which it is -- it is · · Q· Has it come in yet? required by regulation to conduct those -- · · A· Well, let me back -- back up on that.· We those -- those -- that SLRRFF analysis.· That is have already received a positive response relating generally at the 90-day mark after the previous to the travel document issuance for these cases. analysis was conducted. · · Q· What was that response? · · Q· Have you done a SLRRFF analysis for these · · A· That they would issue travel documents six individuals already? based off of the fact that we've provided a · · A· I -- if they are detained after 180 days letter.· We're supposed to pick up those travel in detention, then I most likely have.· I just documents today. don't recall it -- their names offhand.· I sign a · · Q· What do you mean by "pick up today"? lot of SLRRFF analysis, not just for Iraq but for · · A· Physically receive those travel documents a number of other countries. in hand by ICE personnel. · · Q· I think you mentioned earlier that as part · · Q· Okay.· And who indicated to you that the of your SLRRFF analysis, you will take a look at travel documents would be issued? the criminal history; is that correct? · · A· Mr. Al-Anpaqi and also, I believe, the · · A· Correct. deputy -- the deputy chief of mission had a · · Q· Why would you look at the criminal conversation with Mr. Schultz that Mr. Schultz history? communicated to me indicating that those cases · · A· Under 8 CFR 241.14D, we can categorize would -- those cases would be issued travel aliens as especially dangerous.· It's an avenue

Page 82 Page 84 documents. that we -- and it's for an indefinite detention · · Q· Okay.· And what specifically did based off of criminal history, terrorist ties, Mr. Al-Anpaqi say to you? essentially anything that would make an alien a -- · · A· That the travel documents would be ready a unique danger to the public.· It's an authority this Friday. that ICE is -- uses very sparingly, but it is · · Q· And, so, what happens if the travel something that we have to factor into our SLRRFF documents are not ready today? analysis. · · A· We will revisit that topic with them · · Q· For the Iraqi nationals that are currently continuously until they are. in detention and they've exceeded 180 days, you · · Q· And at what point will you stop revisiting believe you've done a SLRRFF analysis; is that that issue if you can't get them to issue the correct? travel documents? · · A· I do believe so. · · A· I don't want to say that there's any · · Q· For those individuals, do you remember if hardline date or hardline number of contacts that you evaluated their criminal history and we will have with them.· We will -- we will determined that they should not be released based revisit that topic with them continuously, and if upon the criminal history? we have to explore other means in which to obtain · · A· For those aliens, I would have done a those travel documents, we will pursue that. SLRRFF analysis based on the viability of · · Q· And what other means are you referencing? obtaining a travel document. · · A· Any -- well, we'll confer with Department · · Q· But not looking at the criminal history? of State but that could be any -- any sort of · · A· I would have looked at the criminal punitive actions taken against them that history, as well.· I would have looked at the Department of State would recommend to us. totality of the case.· However, given that I · · Q· At what point would you conduct the SLRRFF cannot recall any sort of unique instance that analysis for these six individuals if you cannot sort of, you know, reared its head at me related Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13411 Page 13 of 27

Page 85 Page 87 to their criminal history or, you know, past · · Q· And what was their response to you? history that would make the alien a unique danger · · A· That they felt that it was just something to the public, I have to presume that my analysis that was voluntarily signed by them, that, you was based predominantly off of their -- the know, it is something that they could -- that they viability of obtaining a travel document. could -- that the aliens could sign on their own · · Q· On what date did Mr. Al -- volition, they weren't forcing them to sign it, · · A· Al-Anpaqi? et cetera. · · Q· Thank you.· On what date did Mr. Al-Anpaqi · · Q· And what did they indicate was the purpose indicate to you that travel documents for the six for offering the form to the Iraqi nationals to individuals would be issued? sign? · · A· I believe it was Monday or Tuesday of this · · A· They didn't -- and, again, this was a week.· I'd have to check my email.· I'm not meeting that we had in January, but I don't recall entirely sure. them expressly indicating any -- any reason, any · · Q· So, when you were at the meeting in the hardline reason, why they wanted it.· It was just end of July -- end of June/early July, in which something that was communicated to us as part of you were talking with the Iraqi Government about their travel document issuance process. the GOI form -- · · Q· Did they indicate to you that they -- they · · A· Uh-huh. required that document in order to be able to · · Q· -- and they indicated that they were not issue travel documents to an Iraqi national? going to use the GOI form going forward -- · · A· That's how they originally characterized correct? it to us. · · A· Uh-huh. · · Q· When did they originally characterize it · · Q· -- did you believe them? to you as that? · · A· Yes. · · A· As I recall, it was in back in January · · Q· Have they indicated to you before that of 2018.

Page 86 Page 88 they would -- they wouldn't use the GOI form? · · Q· Okay.· And since then, they've changed · · A· They have -- they have not expressly that characterization? indicated that they would not use the GOI form. · · A· They have.· They -- they've told us that They've always characterized it as a form that the they no longer need the form to be filled out as a alien could voluntarily sign. result of the -- the enhanced level of information · · Q· Have you asked them in the past not to use that we're giving them related to the -- the the GOI form? alien's background via the letters that you have. · · A· We've expressed a -- a lack of desire for · · Q· Okay.· So, I don't understand what you them to not use that form. just said. · · Q· And did they -- so, when you say you · · A· Uh-huh. expressed a lack of desire, was it also a request · · Q· Okay?· Because we were just talking about not to use it? requiring a form to issue travel documents. · · A· We told them that it was a violation of · · A· Uh-huh. the International Civil Aviation Organization's · · Q· And I think that you were responding to Annex 9 protocols on travel document issuance, something different than -- that an alien doesn't expressly have to submit · · A· Okay. themselves to deportation voluntarily; they could · · Q· -- the obtaining of travel documents. be deported by a foreign government, you know, · · A· Uh-huh. even if it was against their will, and we · · Q· So -- and it may just be I don't expressed that sentiment to them. understand the language. · · Q· So, you wouldn't identify that as a · · A· Okay. request not to use the form? · · Q· Okay?· So, has the Iraqi Government said · · A· I would -- I would identify it as a -- as to you that if that form is not signed out, we a level of consternation associated with the use will still issue travel documents? of that form. · · A· Yes, they have. Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13412 Page 14 of 27

Page 89 Page 91 · · Q· When did they say that to you? · · A· Yeah, yeah, yeah, definitely. · · A· The end of June/beginning of July. · · Q· Okay.· Is it possible that you testified · · Q· And who said that to you? earlier that there was a meeting or a · · A· The ambassador, the deputy chief of communication made 2018 where they indicated there mission, and also Mr. Al-Anpaqi, the counselor were issued travel documents? officer. · · · ·MR. SILVIS:· Object to the form. · · Q· Did they say to you, "If an Iraqi national · · Q· That's fine.· You can go ahead and answer. says they do not want to go back to Iraq, we will · · A· Yeah. still issue travel documents"? · · · ·MR. SILVIS:· Yeah, you can go ahead. · · A· Yes. · · Q· He's just telling me my question is bad, · · Q· And who said that to you? but I don't know how else to ask it. · · A· That was the ambassador, the deputy chief · · · ·MR. SILVIS:· I guess the concern I had is of mission, Mr. Al-Anpaqi. you said, "Is it possible that you testified · · Q· And what exactly did they say? earlier." · · A· I don't remember exactly what they said BY MS. SCOTT: verbatim; however, I do recall them saying that it · · Q· All right.· So, that's fine.· Go ahead. would no longer be necessary as a result of the You can answer. letters that we would be providing them. · · A· Okay.· So, I believe what I was referring · · Q· What would no longer be necessary? to in that instance is that we had discussions · · A· The GOI form. with a -- the Iraqis in either the end of April or · · Q· So, they didn't actually say to you that in May of 2018.· I do recall having some sort of if an individual expresses they don't want to go meeting around that time frame -- I don't recall back to Iraq, they will still issue travel whether or not it was in April or May of 2018 -- documents? where we had indicated that there was a large · · A· Again, that was something that we volume of cases that had accumulated with the

Page 90 Page 92 didn't -- we didn't explicitly ask them.· The Iraqi Embassies -- with the Iraqi Embassy and that conversation centered around the GOI form. they needed to interview them as promptly as they · · Q· Did you say that there was a meeting in could. May 2018 with the Iraqi Government? · · Q· Okay.· Thank you. · · A· Potentially.· That was a month that I · · A· Uh-huh. couldn't remember if we did have one. · · Q· So, for clarification, so that I need to · · Q· Okay.· Was there a meeting prior to -- get this into the record, you believe that there · · · ·MS. SCHLANGER:· It doesn't matter. was a meeting with the Iraqi Government in April BY MS. SCOTT: or May to talk about 50 individuals who had · · Q· Okay.· So, here's where I'm a little outstanding travel document presentations -- confused. · · A· Correct. · · A· Okay. · · Q· -- correct? · · Q· I'm trying to go back to when we first · · A· There was a meeting.· I know that for a were talking about the May 2018 and the process fact.· You know, it's not something that I for travel document acquisition and review, and I believe.· We did have a meeting with them.· I just thought you might have mentioned that there was a don't know whether or not it was in April or May meeting prior to the -- that process starting. offhand. Were you referring to the January 2018 meeting? · · Q· And who attended that meeting? · · A· Correct. · · A· It was myself, Mr. Maddox and Mr. Schultz. · · Q· Okay. · · Q· And who attended on behalf of the Iraqi · · A· Yeah. Government? · · Q· All right.· Okay.· I'm not trying to trick · · A· I believe it was the deputy chief of you. mission and also Mr. Al-Anpaqi. · · A· Uh-huh. · · Q· Do you remember -- do you know the name of · · Q· I just want to be thorough. the deputy chief? Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13413 Page 15 of 27

Page 93 Page 95 · · A· I do.· I did get that during our break. · · A· Based off the fact that we had already had Let me pull that up right now.· So, his name is a number of -- of Iraqi nationals who requested Al-Quraishi Mohamad Jawad.· And I can help you out prompt removal from the United States and we were with spelling after -- during our break --or can I making -- taking steps to get those interviews help you out with spelling right now?· His first established and, you know, travel documents be name is A-l-q-u-r-a-i-s-h-y.· His middle name is issued as a result. Mohamad, M-o-h-a-m-a-d.· And his last name is · · Q· At the time that you wrote this, had any Jawad.· That is J-a-w-a-d. travel documents for those prompt removals been · · Q· Thank you.· Okay.· Is it possible that issued? Mohamad might be his first name? · · A· No.· We were barely in the phase of · · A· Potentially.· I don't know.· I'll have to organizing and coordinating those interviews to take a look at his business card when I get back. occur. That's what Mr. Schultz emailed me. · · Q· At the time of this declaration, had any · · Q· Okay.· So, let me show you this document. prompt removals been returned to Iraq? So, I'm going to point you to Exhibit 9.· And it's · · A· No.· Again, the -- the tranche of aliens marked as 270499. available characterized as a prompt removal was · · · ·(J. Schultz Exhibit 9, previously marked, rather limited, and we were taking steps to get is attached to the transcript.) them interviewed. · · Q· You can take a look and see if the · · Q· Okay.· Was there any other basis for the individual that you just referenced is on that belief that the Central Government in Iraq -- of page. Iraq in Baghdad would accept removal of Iraqi · · A· Yeah, that is him. nationals? · · Q· Okay.· Can you say what that name is. · · A· They had expressed to, you know, · · A· Mohamad Al-Quraishi. Mr. Schultz and Mr. Clinton in the past and during · · Q· And then after his name, there's the the negotiation process that had preceded that,

Page 94 Page 96 initials -- those prompt removals from being identified, as · · A· DCM, deputy chief of mission. accepting all of their final order cases, and I · · Q· All right.· Thank you.· Okay.· And now she had no other reason to believe otherwise. would like you to respell it, please. · · Q· And we previously identified -- defined · · A· Sure thing.· His name is -- first name is what -- the term "prompt removal" in this M-o-h-a-m-e-d.· And the last name as it's deposition. presented in this document is Al-Quraishi.· That · · A· Yes. is A-l-q-u-r-a-i-s-h-i. · · Q· Can you provide that definition again. · · Q· All right.· So, I did realize we have one · · A· It's essentially any alien that had more question about the declaration, and then we voluntarily recused themselves from the -- from will push that to the side. the injunction. · · A· Sure. · · Q· All right.· So, would a person who had · · Q· Are you ready? indicated that they wanted to be removed to Iraq · · A· Oh, yeah.· I'm ready.· Sorry. who was a class -- Hamama class member be deemed · · Q· So, paragraph 12, your declaration states, to be a prompt removal? "ICE believes that the Central Government of Iraq · · A· Can you repeat that. in Baghdad will permit the entry of detained Iraqi · · Q· Sure.· There is various phases in order to nationals subject to final orders of removal if have the stay lifted; correct? the injunction is limited." · · A· Uh-huh.· Uh-huh.· Uh-huh. · · · ·Do you believe at the time you wrote this · · Q· The Iraqi national, the class member -- declaration that Baghdad would re- -- allow · · A· Uh-huh. repatriation of individuals once the injunction · · Q· -- has to indicate that they want to -- was limited? · · A· Uh-huh. · · A· Yes, I did believe that at the time. · · Q· -- be removed.· And do you understand that · · Q· And what did you base your belief upon? at that point, then there needs to be an order Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13414 Page 16 of 27

Page 97 Page 99 from the Court to lift that removal -- · · Q· And then the field officer then reports · · A· I do. that back to ICE; is that correct? · · Q· -- stay? · · A· They will report it, I believe, to their · · A· For each case and for each Iraqi case that local chief counsel.· And how the process sort of we identify as a prompt removal, we usually confer plays out after that, I'm not entirely sure.· I do with counsel beforehand to identify any potential know that our headquarters office gets involved, impediments to removal and -- and go forward with and that's who we will confer with in order to the interviews accordingly. identify any impediments to removal, and that is · · Q· Okay.· So, at what point in that process inclusive of this litigation, the Hamama do -- does ICE start the -- well, travel document litigation, and anything else that we may not be acquisition process? aware of, such as a motion to reopen or an · · A· After an alien has been identified as a untimely appeal that's filed. prompt removal? · · Q· Has it happened that for some of these · · Q· Right.· So, when an alien -- let individuals, that the travel document acquisition me start -- when a Hamama class member indicates process may have started before the Court enters that they want to be removed to Iraq -- an order approving the removal to Iraq? · · A· Correct. · · A· Not that I'm aware of, no.· Not that I'm · · Q· -- does ICE start the travel document aware of. acquisition process then? · · Q· And, so, just so that we're careful going · · A· No, we usually will wait until that alien forward, when I talk about prompt removal, I talk is -- is removed from the class. about those individuals that actually have an · · Q· What do you mean, "removed from the order entered -- class"? · · A· Uh-huh. · · A· Is no longer part of the Hamama · · Q· -- approving or authorizing the removal. litigation, part of the Hamama class, that they · · A· Correct.

Page 98 Page 100 have taken the steps for, you know, a -- I believe · · Q· What other countries authorize the use of it's a district judge in this case who is making manifests, flight manifests, rather than travel these decisions, for that person -- to excuse that documents? person from the class based on their voluntary · · · ·MR. SILVIS:· Object to relevance. willingness to be pulled out of -- pulled out of · · Q· You can still answer. the litigation. · · A· So, I supervise the travel document · · Q· So, I am almost certain that you don't acquisition liaison efforts for 43 countries, you know that the parties dispute the term "removed know, all within the Middle East, Eastern Africa, from the class." Southeast Asia.· None that are currently under my · · A· Okay. purview facilitate removals in that manner. I · · Q· So, for this deposition -- cannot speak for the other REO units who handle · · A· Uh-huh. travel document liaison acquisition efforts. · · Q· -- we're going to stick with the term · · Q· So, in paragraph 12 of Exhibit 25, you "prompt removal" -- write -- you state, "ICE believes that the · · A· Okay. government will permit the entry of detained Iraqi · · Q· -- because petitioners don't agree that a nationals."· Why didn't you write, "I believe"? prompt removal is the equivalent of being removed · · A· Which paragraph are you referring to? from the class. · · Q· Paragraph 12. · · A· Okay. · · A· Okay.· I mean, as a representative, as an · · Q· So, when a person indicates that they want employee of ICE, I -- I include myself in that to be removed to Iraq -- statement. · · A· Uh-huh. · · Q· But did you -- did you confer with · · Q· -- typically they will indicate that to a Mr. Schultz's supervisor to confirm that they have field officer; correct? the same belief? · · A· Uh-huh.· Correct. · · A· I conferred just with Mr. Schultz and my Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13415 Page 17 of 27

Page 101 Page 103 staff.· I did not confer, to my awareness, with · · A· Yeah, I do.· Can you just restate it, anyone else. though, just so it's fresh in my mind. · · Q· Are you allowed to speak on behalf of ICE, · · Q· Sure.· When did an official from the Iraqi in general? Government state to you that they will permit the · · A· Can you clarify the question a bit. entry of detained Iraqi nationals once the · · Q· Sure.· Are you allowed to speak on behalf litigation -- or once the injunction in this of ICE in a public arena? litigation is lifted? · · A· When authorized to do so.· I mean it · · A· They did not explicitly state that to me really depends on the forum. or anyone else to my knowledge.· Again, you know, · · Q· So, do you think it was sufficient to if it was stated to Mr. Schultz in a separate speak solely to Mr. Schultz and Mr. Clinton and conversation or Mr. Clinton or anyone else maybe then to translate that into what ICE's position or above Mr. Schultz, I don't have knowledge of that. belief is about what will happen with Iraqi However, given the actions that they took prior to nationals? this declaration being authored and the injunction · · A· I -- given that my unit handles travel being in place and also actions that have occurred document acquisition efforts for Iraq and a number subsequent to the injunction being in place and -- of other countries, I believe it's appropriate for and any actions that have occurred thereafter, we me to do so. have -- I believe, have had a good relationship · · Q· As of December 2017, had Iraq stated that with them in terms of travel document issuance. they would accept Iraqi nationals after the · · · ·They have conducted interviews.· They have injunction is lifted? issued travel documents.· They have done the · · A· They had stated that they would accept all things that they need to do in order to -- to final order nationals, so -- stand up what we would consider a repeatable · · Q· And when did they state that? process for a travel document issuance and -- and · · A· They had stated it in -- in conversations based off of the actions and conversations that we

Page 102 Page 104 that I had had with them subsequent to -- to have had with them, I have to believe that they December.· That was a -- my initial contact with will accept a return of their nationals. them in January of 2018.· And they had · · Q· So, my question to you is narrow.· All communicated to Mr. Schultz and Mr. Clinton prior right?· My question was when did an official from to that. the Iraqi Government state to you that they would · · Q· And when did they communicate that take back -- that they would -- let me go back. prior -- to Mr. Schultz and Mr. Clinton prior to · · · ·When did an Iraqi Government official this declaration? state to you that they will permit the entry of · · A· Can you restate that. detained Iraqi nationals once the injunction in · · Q· Sure.· When did Iraq communicate to this case is lifted? Mr. Schultz and Mr. Clinton that they would accept · · A· They -- they did not state that; however, Iraqi nationals when the injunction was removed? based off their actions and their previous · · A· Summer -- when it was removed?· I don't conversations and conversations that we've had believe that they actually stated that. with them throughout this process, we don't have · · Q· Okay.· Thank you. any indicia of noncompliance. · · A· Yeah. · · Q· Okay.· So, you're still -- so, the answer · · Q· And have they actually stated that to you is they have never made that statement to you or since this declaration? anybody else at ICE that you're aware of. · · A· Let me reread paragraph 12, if you don't · · A· They have not, but as my declaration mind. states, you know, we believe that the Central · · · ·MR. SILVIS:· Could you restate the Government of Iraq will permit the entry of these question, too, or could we have it read back. detained nationals. · · · ·(Pending question read.) · · Q· How much value is your belief? · · · ·MR. SILVIS:· Do you understand the · · · ·MR. SILVIS:· Object to the form. question? · · Q· I mean would you -- would you write to Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13416 Page 18 of 27

Page 113 Page 115 · · Q· All right.· Let's take a look at liaison efforts, we will ask different embassies Exhibit 15. to give us their latest travel document · · · ·(J. Schultz Exhibit 15, previously marked, applications.· That way, we can upload them to our is attached to the transcript.) travel document intranet site.· And I have to · · Q· Can you tell me what Exhibit 15 is. believe, based on the information presented to me, · · A· There's no attachment here, but I believe that that was what we were doing in this instance this is the email in which I asked Mr. Clinton to is just getting updated information from him. obtain translation services for the GOI form. · · Q· Okay.· At the January 9th, 2018 meeting, · · Q· Okay.· So, at the very end of this email did Iraqi Government officials hand you a copy of chain, there's an email from Hudhaifa Hassoon to the GOI form? Yarub Al Anpaqi. · · A· I don't recall being handed one, but I do · · A· Uh-huh. remember them holding a copy of it up. · · Q· Okay?· And it doesn't indicate that · · Q· So, the question I have is, because there's an attachment here, does it, as far as we Mr. Al-Anpaqi uses the term "new travel document," can tell. do you have an idea if there was revisions to the · · A· I think that -- and, again, this is just GOI form at this time? me interpreting jargon on the first page, but · · A· Potentially.· I -- I don't recall whether there's a number of -- there's language here or not that was the case.· I mean I had asked stating, you know, "P288571 Iraqi document project Mr. Clinton to remove it from our website.· So, it details."· I have to assume that was information was irrelevant. that was included in the -- the application that · · Q· Were there efforts to have the Iraqi -- Mr. Clinton had to sign in order to obtain let me rephrase that. translation services. · · · ·Did ICE make request to the Iraqi · · Q· All right.· So, what I'm trying to Government to amend the GOI form prior to establish is whether or not Al-Anpaqi sent you an July 2018?

Page 114 Page 116 attachment -- or sent Julius an attachment · · A· To amend the GOI form?· What do you mean during -- in the January 24th, 2018 email below. by "amend" it? · · A· It may be possible, and that's what · · Q· So, edit it, to change it. Mr. Clinton may have emailed me, and based off of · · A· No, we had expressed consternation with it that attachment that was forwarded to me, I would and we had discontinued use of it internally to have asked him to get it translated.· But with the ICE.· We had removed it from -- its availability information here, I can't really make a from our website. 100 percent certain determination that that was · · Q· Did the Iraqi Government submit to you any the case. changed versions to the GOI form? · · Q· And that's the question I have is because · · A· I don't know.· Again, anything that I can't either -- occurred after January of 2018, after the meeting · · A· Okay. that we had with them, was irrelevant in terms of · · Q· -- based upon the document. edits to the form, as I had asked that we had -- · · A· Yeah. that we remove it from our website. · · Q· But Mr. Al-Anpaqi, in the January 24th, · · Q· I just want to make sure I'm clear. 2018 email, states, "As I wish to keep in touch, I You're not aware of any changes to the GOI form would like to update your data for a new travel from January 2018 through July 2nd, 2018; correct? document form and application that would need all · · A· I -- I'm not.· Again, there may have. the concerning cases fill and sign them."· Do you I'm -- I just don't recall but, again, it just see that? wasn't relevant, so I did not commit it to memory. · · A· Yeah. · · Q· Who would be the person that would know if · · Q· Okay.· So, that would suggest that there there was any edits proposed by the government of was an attachment to his email? Iraq to the GOI form? · · A· Yeah, and that's what I'm basing my · · A· I don't know.· I don't know.· I don't presumption off of.· You know, during our routine believe we ever requested edits to that form. Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13417 Page 19 of 27

Page 117 Page 119 · · Q· Who would know if the GOI made edits to Farmville. the GOI form and submitted that for review to ICE? · · Q· Have those Iraqi nationals been removed to · · A· I don't know. Iraq? · · · ·MS. SCOTT:· Okay.· All right.· So, why · · A· The four and the six that I just referred don't we go ahead and take a lunch break. to? · · · ·MS. MURLEY:· Okay.· How long? · · Q· Yes. · · · ·MS. SCOTT:· 12:15? · · A· They have not.· The six -- the six that · · · ·MR. SILVIS:· Okay. were interviewed in Stewart, Georgia did receive · · · ·MS. MURLEY:· Okay. travel documents about 40 minutes ago. · · · ·(A recess was taken.) · · Q· For all six individuals? BY MS. SCOTT: · · A· For all six individuals. · · Q· All right.· Good afternoon, Mr. Bernacke. · · Q· And what type of travel documents were · · A· Good afternoon. issued to them? · · Q· I've got a quick -- few quick questions · · A· I don't know.· I haven't had a chance to and then we'll get back into the documents. personally review them.· All I know is that my · · · ·In those instances in which a staff reported to me that the six had travel laissez-passer is issued -- documents issued to them. · · A· Uh-huh. · · Q· So, the -- so, let me make sure I · · Q· -- to an Iraqi national and they go into understand because my question is a little bit Iraq on a charter commercial flight and that different. commercial flight transits through another · · A· Okay. country, are there any issues because the Iraqi · · Q· So, so far in 2018 -- national has a laissez-passer? · · A· Uh-huh. · · A· Generally not.· Usually we will have to, · · Q· -- have any Iraqi nationals been removed you know -- and it is very subjective to each to Iraq who expressed that they had no desire to

Page 118 Page 120 country that we would potentially be transiting return to Iraq? through.· Some locations will require transit · · A· No, not at this time. visa.· Some will not.· Some will have sort of a -- · · Q· Okay.· For the six individuals who timelines in which a transit visa is necessary received travel documents today -- depending on the layover time.· Some simply do · · A· Uh-huh. not. · · Q· -- have any conditions been put on their · · · ·So, it's very subjective and many -- in return to Iraq by the Iraqi Government? most instances, we will receive those transit · · A· I'm not aware of anything but, then again, visas.· It's usually not a problem because that is you know, my staff merely reported to me that they not the final port of embarkation. received the travel documents.· I've not done · · Q· Okay.· Do you know of any removals to Iraq any -- any other more thorough analysis of -- of of Iraqi nationals that had taken place in 2017 the conditions or the types of documents.· I just where the Iraqi nationals expressed that they do know that they have travel documents in hand. not want to return to Iraq? · · Q· Do you have an anticipated date in which · · A· In 2017?· Not -- not that I can recall, you will return those six -- six Iraqi nationals no. we have just been discussing? · · Q· And so far in 2018, do you know of any · · A· I do not.· Again, we barely received the Iraqi nationals who have been removed to Iraq who travel documents and we will have to coordinate expressed that they desired not to return to Iraq? their removal accordingly. · · A· Yes, I do. · · Q· Do you have an anticipated date for the · · Q· And who is that? return to Iraq of the Iraqi nationals who were · · A· I don't know their names offhand.· I do -- interviewed in May 2018 and who subsequently had I am aware that there are six aliens that did not travel documents issued, what we call the 32 Iraqi sign a voluntary declaration in Stewart, Georgia nationals? and an additional four that did not sign one in · · A· Sure.· For specific dates, I can't Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13418 Page 20 of 27

Page 133 Page 135 released from detention? "release letter."· It's something that we send out · · A· I -- I don't know.· I don't recall. to the field for -- I want to caveat that these · · · ·MS. SCOTT:· We'll mark this as Exhibit 29, are only for cases that are above the 180-day please. mark.· So, if a post-order custody review decision · · · ·(Bernacke Exhibit 29 was marked for resulted in a release prior to that 180-day line identification and is attached to the transcript.) in the sand, that would have been under the field · · Q· This is an e-mail that you're not on, but office's pursue and we wouldn't have had any I wanted to ask you about the Iraqi national insight into that. that's referenced here. · · Q· Okay.· So, why don't we go ahead and · · A· Okay. discuss more fully the SLRRFF process. · · Q· Okay.· So, Julius Clinton, who you · · A· Okay.· Sure thing. supervise, is communicating about Ahmed Tharis · · Q· Let's start with the 180-day POCR review. Hacham.· Do you see that? And can you explain what that is. · · A· Is it at the bottom? · · A· Sure.· That, again, is a review of all the · · Q· It's at the very bottom. individual facts of a particular individual case, · · A· Okay.· Okay.· I see that. to include criminal history, immigration history · · Q· Okay.· And there's an indication that he's and travel document acquisition efforts.· It not a Hamama class member; correct? also -- you know, it relies largely on the · · A· Correct. viability of obtaining a travel document, and we · · Q· Do you know if travel documents were make a custody decision based off of that. issued for this individual? · · Q· What type of analysis -- under what · · A· Not offhand, no. circumstances would a 100 -- when you're · · Q· Is Julius Clinton the right person to ask conducting a 180-day custody review, what factors questions about individual Iraqi nationals? do you look at to determine if an individual · · A· He could be.· I mean the challenge is -- should be released?

Page 134 Page 136 is that we deal with a large volume of persons · · A· All the factors that I just described. cycling through.· You know, Iraq is -- wasn't the · · Q· Can you list them again for me. only country that was assigned to him at the time, · · A· Criminal history, immigration history, nor is it the only country that is assigned to travel document acquisition efforts and viability Mr. Maddox at present.· So, he may or may not have of obtaining a travel document. personal recollection of this particular case. · · Q· So, for each of those categories, what · · Q· So, if we wanted to find out which factors do you look at to determine whether or not individuals were released or which individuals -- someone should be released? strike that. · · A· For criminal and immigration history, it · · · ·If we want to find out which individuals would be risk to U.S. public.· You know, again, as were released, are there documents that would I mentioned, with the 241.14D analysis, that would provide that information? have to be a very high threshold.· It's a very · · A· Yes, there are. unique instance in which we exercise that · · Q· And what are those documents? authority. · · A· I'm sorry? · · · ·In terms of travel document acquisition · · Q· What are those documents? efforts and viability of obtaining a travel · · A· Those would be release notifications document, that would be -- you know, it could coming from my unit. be -- again, it's a -- it's very subjective, but · · Q· And are those in electronic format? it would be obtaining the amount of times we have · · A· Yes, they are. approached a particular embassy or government or · · Q· If we wanted to find out which individuals consulate to issue a travel document.· It would be were released due to a SLRRFF analysis, what the amount of liaison that has gone behind that documents would we look at? travel document request. · · A· I -- it's just a general Word document · · Q· Can I stop you there for a second. that is a -- it's a -- we call it colloquially a · · A· Sure. Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13419 Page 21 of 27

Page 137 Page 139 · · Q· What do you mean by the "amount of officers, the detention deportation officers, will liaison"? meet with the embassies to discuss the case, · · A· Many times, for countries that have a more whatever case it may be. matured repeatable travel document issuance · · · ·And if a positive outcome is not yielded process, we will merely have to -- we, ICE, will in terms of a travel document potentially being merely have to submit a travel -- a paper copy of issued or assurances that one would be issued, a travel document request.· You know, that that could be elevated to greater, higher levels request, again, just includes immigration of management within ERO.· And I will engage, John documents, identity documents, that would support Schultz will engage, and any -- anyone above him an alien's identification and citizenship. could potentially engage in those cases, as well. · · · ·And in -- in instances, in some instances, · · · ·Generally speaking, that has resulted in they will issue a travel document without having positive outcomes when we've done a greater level to do an interview or, you know, do anything of discussions, you know, at the desk officer largely outside of reviewing the paper documents level, the detention deportation officer level, that we provide to their office.· Some require or, you know, my level or higher levels, and -- interviews; some don't. and it has precluded us from having to release · · · ·For more difficult cases or cases for aliens. governments that don't necessarily have a very · · Q· If, after having those types of mature travel document issuance process in place, interactions, ICE still does not receive travel we will have to meet with the embassy counselor documents, does that factor into whether or not staff to discuss the case, walk them through the SLRRFF exists? case particulars.· Anything that they necessarily · · A· It could.· It could. want to chat about regarding these different · · Q· Okay.· So, I interrupted you, and I think cases, we will -- we will entertain them and you had some other factors you were going to talk discuss those cases with them. about.

Page 138 Page 140 · · Q· So, if there is greater liaison, does · · A· Ooh, must have slipped my mind. that -- how does that factor into the SLRRFF · · Q· So, we had criminal history -- we had the analysis? four categories that you were looking at for · · A· It -- it -- in my perspective and, again, SLRRFF. you know, I can only speak for myself when it · · A· Uh-huh. comes to, you know, the SLRRFF analysis and how I · · Q· We had the criminal history.· We were just conduct them, it demonstrates the amount of -- I talking about -- can you -- guess, the amount of vigor that goes behind a · · A· Criminal immigration, the amount of times travel document request and really walking through a travel document has been requested and then the the embassy staff, you know, the contents of the amount of liaison. documents, pushing for interviews, and really · · Q· Which -- doing a lot of hand holding when it comes to · · A· I think those were it, yeah.· Those are coordinating any logistical aspect that they need the ones that I can think of offhand that I -- I in terms of interviewing the alien, doing what look for when I do my reviews. they need to get done in order to issue that · · Q· Does -- if you decide to decline release travel document. from detention because you find SLRRFF exists, is · · Q· So, if there is greater liaison, is there there anyone that reviews your decision? a less likelihood one would be released under · · A· For -- for a continued detention, no.· For SLRRFF? releases, yes. · · A· What do you mean by that? · · Q· And who reviews your decision for · · Q· Okay.· Yeah.· So, I'm trying to figure out releases? how the amount of liaison factors into whether or · · A· Our assistant director for removals. not SLRRFF exists. · · Q· And who is that? · · A· So, generally speaking, for more · · A· Marlen Pineiro. complicated cases, you know, our -- the desk · · Q· And does anybody review her decision? Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13420 Page 22 of 27

Page 141 Page 143 · · A· Not that I'm aware of. · · A· Uh-huh. · · Q· So, Mr. Schultz yesterday said you guys · · Q· -- or a 90-day point -- call him Dad Schultz; is that correct? · · A· Uh-huh. · · A· He's deputy assistant director, so there's · · Q· -- or thereafter, does anybody evaluate your acronym right there, but he is not my father. your determination? · · Q· So, does DAD Schultz review -- · · A· No. · · A· Uh-huh. · · Q· Do you, during that process, consult with · · Q· -- your determination when you decide that anybody regarding your determination? someone should be released under SLRRFF? · · A· Usually my staff, if I have any questions. · · A· Yes, he does.· Yes, it follows the chain If there's any questions related to their of command and he's -- he's Ms. Pineiro's deputy. recommendation for continued detention that I may · · Q· When you decline release based on SLRRFF, have with a third party, for example, Department when is the next point that you make an assessment of State, I may confer with them. if SLRRFF exists? · · Q· Can you take a look -- let's take a look · · A· 90 days thereafter or if we receive hard at Exhibit 9.· What I want to draw your attention declinations of a travel document and to our to is the pages at 270499. interpretation, we do not see there being any · · A· Okay. viable outcome for -- for an alien's potential · · Q· Okay.· If you look halfway down the page, removal, then we will make a custody determination it says that Julius Clinton is responsible for the at that point in time even if it is prior to the briefing memo.· Do you see that? 90-day mark. · · A· I do. · · · ·MS. SCOTT:· Can you read that answer back. · · Q· And Julius Clinton reports to you; · · · ·(The reporter read the record as correct? requested.) · · A· He did at the time. · · Q· Okay.· So, what do you consider to be a · · Q· He did, yes.· Thank you for clarification.

Page 142 Page 144 hard declination? · · A· No worries. · · A· In my opinion, that would be after we've · · Q· So, I want to talk to you about the exhausted a number of resources to obtain a travel numbers here.· As you can see on the Zadvydas document.· That includes continued liaison with a releases, this printout cut off fiscal year 2017. number of embassies and consulates.· That would · · A· Uh-huh. include exhausting potential third-country · · Q· Do you know how many Zadvydas releases options, exhausting liaison efforts abroad with took place in 2017? our assistant attaches, usually in country or in · · A· I don't. the region, Department of State engagement has not · · Q· Have you -- do you calculate the releases- resulted in any positive outcomes and we've really to-removals ratio that's discussed on 204798? tapped out all options -- in my perception, all · · A· I personally do not, no. options to -- to obtain a travel document. · · Q· So, if I was to tell you that if we · · Q· If at this 90-day mark you determine that reverse engineered the reverse -- the release-to- SLRRFF continues to exist, does anybody evaluate removal ratio that's here at that 0.15 -- your decision? · · A· Uh-huh. · · A· No. · · Q· -- using the fiscal years 2017 removals of · · Q· Is there any point in the process that 58 -- somebody evaluates your decision when your · · A· Uh-huh. decision is to deny release? · · Q· -- and resulted in 10 Zadvydas releases, · · A· Is there -- can you repeat that. would you have any reason to dispute that? · · Q· Sure.· At any point when there is a SLRRFF · · A· I really couldn't speak intelligently to analysis -- it. · · A· Uh-huh. · · Q· You just don't know what numbers -- · · Q· -- conducted, whether it's at the 180-day · · A· I just don't know. point -- · · · ·MS. SCOTT:· Okay.· So, Will, we request a Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13421 Page 23 of 27

Page 153 Page 155 · · A· All -- all Hamama class members are given will be requesting the 14 days under the an individualized case review, post-order custody protective order to review and designate any parts review, and their custody determination is based that we might think are protected. off of SLRRFF. · · · ·MS. SCOTT:· And for those 14-day period, · · · ·MS. SCHLANGER:· Sorry.· Just one second. you want to treat this as highly confidential; · · · ·MS. SCOTT:· Okay.· I don't have anymore correct? questions. · · · ·MR. SILVIS:· Correct. · · · ·MR. SILVIS:· I just have a couple, I · · · ·MS. SCOTT:· Okay.· Thank you. think. · · · ·(A discussion was held off the record.) EXAMINATION BY COUNSEL ON BEHALF OF THE · · · ·THE COURT REPORTER:· And how am I to RESPONDENTS AND DEFENDANTS handle the exhibits?· Am I taking them? BY MR. SILVIS: · · · ·MS. SCOTT:· Yes, please.· Take them all. · · Q· Take you back, earlier -- earlier you were · · · ·THE COURT REPORTER:· Okay. asked some questions about the -- the repatriation · · · ·(Off the record at 1:47 p.m.) efforts of the Hamama class if the stay is lifted. Do you remember that? · · A· I do. · · Q· Okay.· Is it absent -- to your mind, is the absence of an explicit statement from Iraq or the Government of Iraq that they will accept for repatriation all Iraqi nationals the final orders of removal if the stay is lifted an indication that they will not accept these individuals for repatriation once the stay is lifted? · · A· No.· It is -- it is my perception that

Page 154 Page 156 they will accept the removal of their -- their · · · · · · ACKNOWLEDGEMENT OF DEPONENT backlog of cases with final orders of removal. · · · ·I, MICHAEL BERNACKE, do hereby acknowledge Although it's taken a significant amount of that I have read and examined the foregoing liaison thus far and engagement with the embassy testimony, and the same is a true, correct and and their government, they, in my viewpoint, have complete transcription of the testimony given by taken appropriate steps to institute a repeatable me, and any corrections appear on the attached process for travel document issuance. Errata sheet signed by me. · · Q· Okay.· So, do you have any reason to believe that Iraq will not accept its nationals ______· ______with final orders of removal for repatriation if · · · ·(DATE)· · · · · · · · (SIGNATURE) the Hamama stay is lifted? · · A· No, I do not.· I believe they will be issued travel documents. · · · ·MR. SILVIS:· That's all I have. · · · ·MS. SCOTT:· We're finished.· Thank you. · · · ·THE WITNESS:· Thank you. · · · ·THE COURT REPORTER:· Ms. Scott, are you ordering this to be transcribed? · · · ·MS. SCOTT:· So, my assistant will be in touch with you. · · · ·THE COURT REPORTER:· Okay.· Fine.· Thank you. · · · ·MR. SILVIS:· Actually, we're going to ask to read and sign the declaration and also -- I'm sorry -- the deposition transcript.· And, also, we Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13422 Page 24 of 27

Page 157 ·CERTIFICATE OF SHORTHAND REPORTER-NOTARY PUBLIC

· · · ·I, Victoria L. Wilson, the officer before

whom the foregoing deposition was taken, do hereby

certify that the foregoing transcript is a true

and correct record of the testimony given; that

said testimony was taken by me stenographically

and thereafter reduced to typewriting under my

direction; that reading and signing was requested;

and that I am neither counsel for, related to, nor

employed by any of the parties to this case and

have no interest, financial or otherwise, in its

outcome.

· · · ·IN WITNESS WHEREOF, I have hereunto set my

hand and affixed my notarial seal this 17th day of

July, 2018.

My commission expires January 31, 2019.

______

VICTORIA L. WILSON

NOTARY PUBLIC IN AND FOR

THE DISTRICT OF COLUMBIA Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13423 Page 25 of 27 Tl~LEGAL ~~PPORT

ThePower or Commitment TM July 18, 2018

U.S. Department of Justice 950 Pennsylvania A venue NW Northwest Building Civil Rights Division Washington, D.C. 20530

RE: Usama Jamil Hamama, et al vs. Rebecca Adducci, et al Deposition of Michael Bernacke taken on July 13, 2018

Dear Mr. Silvis:

Enclosed is a copy of the above-referenced deposition and the Verification of Deponent page from the original transcript. Please have the witness review the deposition, sign the verification page and send it to U.S. Legal Support, Attn: Production Department for distribution to the ordering patties listed below. Any changes are to be noted on the errata sheet in the following manner:

Page 12, Line 6 - This should be That

This sheet is to be distributed to the attorneys and attached to the original and copies of the transcript.

Thank you very much.

Debbie Stambersky Production Department

Enclosure

cc: Kimberly Scott Margo Schlanger

30800 Telegraph Road I Suite 2925 I Bingham Farms, Ml 48025 I 248.644.8888 I 888.644.8080 I 248.644.1120 (fax) www.uslegalsupport.com Bingham Farms/Southfield I Grand Rapids I Ann Arbor I Detroit I Flint I Jackson I Lansing I Mt. Clemens I Saginaw I Troy Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13424 Page 26 of 27 MICHAEL BERNACKE July 13, 20 1 8 Page 156

1 ACKNOWLEDGEMENT OF DEPONENT 2 I, MICHAEL BERNACKE, do hereby acknowledge 3 that I have read and examined the foregoing 4 test imony, and the same is a true, correct and 5 complete transcription of the testimony given by 6 me, and any corrections appear on the attached 7 Errata sheet signed by me.

9 08/02/2018 10 ( DATE) ( SIGNATURE) 11 12 13 1 4 15 16 17 18 19 20 21 22 23 24 25

Tl'LEGAL ~lIPPORT

ThePower of CommitmentT M Case 2:17-cv-11910-MAG-DRG ECF No. 473-65 filed 11/01/18 PageID.13425 Page 27 of 27 ERRATA SHEET

Change 100 11 Change "REO" to "RIO". 141 4 Change "he's deputy assistant director" to "he's a deputy assistant director". Case 2:17-cv-11910-MAG-DRG ECF No. 473-66 filed 11/01/18 PageID.13426 Page 1 of 16

EXHIBIT 6 Case 2:17-cv-11910-MAG-DRG ECF No. 473-661<;4623;@6/8 filed 11/01/18 PageID.13427 Page 2 of ?A0731@ @< =><@31@6B316 <>23>

4ROM 9CREJ )'(, TO ;OVGMDGR )'(,# 613 SGNT TRCVGL FOEUMGNT RGQUGSTS FKRGETLY TO TJG 2GPCRTMGNT OH ?TCTG !2GQUGST 2CTG KS TJG FCY TJCT 613 SUDMKTTGF TJG RGQUGST TO GKTJGR TJG 2>@=D09 =@ +5 -4>0B@80B43$ '0B4 =5 -4A>==4 =5 .@0D49 '=2C;40@B;40@B;40@B;40B@80B8=< "0! #0 +AAC43 -4>0B@80B8=< /74@4 #1 #1 "1 -40A=< #2 "1 "3! #2 "4! #3 "2! "3! #1 +$-$'%&,/ ?WN GJb X]RORLJ]RXW XO ][J_NU LXVVN[LRJU ][J_NU! R\\^NM Kb ]QNBNY^KURL XO 8[JZ ($&+$'%&, EWTWX`W EWTWX`W *$(&$'%&, 0YY[X_NM R]RWJ[b 1JPQMJM +$)$'%&,/ BNZ^N\] `R]QM[J`W J\ RWMR_RM^JU QJM >X]RORLJ]RXW XO ][J_NU LXVVN[LRJU ][J_NU! ($''$'%&, _JURM YJ\\YX[] R]RWJ[b 1JPQMJM )$'*$'%&,/ ?WN GJb X]RORLJ]RXW XO ][J_NU LXVVN[LRJU ][J_NU! R\\^NM Kb ]QNBNY^KURL XO 8[JZ ($'($'%&, EWTWX`W EWTWX`W )$'*$'%&, 0YY[X_NM R]RWJ[b 1JPQMJM *$.$'%&,/ ?WN GJb X]RORLJ]RXW XO ][J_NU LXVVN[LRJU ][J_NU! R\\^NM Kb ]QNBNY^KURL XO 8[JZ )$&%$'%&, EWTWX`W EWTWX`W %*$%*'%&, 0YY[X_NM R]RWJ[b 1JPQMJM ?WN GJb X]RORLJ]RXW XO ][J_NU )$&.$'%&,! 2QJ[]N[! R\\^NM Kb ]QNBNY^KURL XO 8[JZ )$*$'%&, )$&-$'%&, )$&-$'%&, )$&-$'%&- 0YY[X_NM R]RWJ[b 1JPQMJM +$'%$'%&,/ EWTWX`W >X]RORLJ]RXW XO ][J_NU LXVVN[LRJU ][J_NU! )$')$'%&, )$'+$'%&, D3 R\\^NM ]X OJVRUb EWTWX`W 0YY[X_NM R]RWJ[b 1JPQMJM @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b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`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW

1<;4623;@6/8 ?A0731@ @< =><@31@6B3 <>23> Case 2:17-cv-11910-MAG-DRG ECF No. 473-661<;4623;@6/8 filed 11/01/18 PageID.13428 Page 3 of ?A0731@ @< =><@31@6B316 <>23>

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`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW

1<;4623;@6/8 ?A0731@ @< =><@31@6B3 <>23> Case 2:17-cv-11910-MAG-DRG ECF No. 473-661<;4623;@6/8 filed 11/01/18 PageID.13429 Page 4 of ?A0731@ @< =><@31@6B316 <>23>

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`NM OX[ D3 Kb 8[JZR 4VKJ\\b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

1<;4623;@6/8 ?A0731@ @< =><@31@6B3 <>23> Case 2:17-cv-11910-MAG-DRG ECF No. 473-661<;4623;@6/8 filed 11/01/18 PageID.13430 Page 5 of ?A0731@ @< =><@31@6B316 <>23>

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`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b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`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW

1<;4623;@6/8 ?A0731@ @< =><@31@6B3 <>23> Case 2:17-cv-11910-MAG-DRG ECF No. 473-661<;4623;@6/8 filed 11/01/18 PageID.13431 Page 6 of ?A0731@ @< =><@31@6B316 <>23>

+5 .' '4<843$ '0B4 .@0D49 %>>@=D09 =@ +5 -4>0B@80B43$ '0B4 =5 -4A>==4 =5 .@0D49 '=2C;40@B;40@B;40@B;40B@80B8=< "0! #0 +AAC43 -4>0B@80B8=< /74@4 #1 #1 "1 -40A=< #2 "1 "3! #2 "4! #3 "2! "3! #1 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b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`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW

1<;4623;@6/8 ?A0731@ @< =><@31@6B3 <>23> Case 2:17-cv-11910-MAG-DRG ECF No. 473-661<;4623;@6/8 filed 11/01/18 PageID.13432 Page 7 of ?A0731@ @< =><@31@6B316 <>23>

+5 .' '4<843$ '0B4 .@0D49 %>>@=D09 =@ +5 -4>0B@80B43$ '0B4 =5 -4A>==4 =5 .@0D49 '=2C;40@B;40@B;40@B;40B@80B8=< "0! #0 +AAC43 -4>0B@80B8=< /74@4 #1 #1 "1 -40A=< #2 "1 "3! #2 "4! #3 "2! "3! #1 @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b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`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW

1<;4623;@6/8 ?A0731@ @< =><@31@6B3 <>23> Case 2:17-cv-11910-MAG-DRG ECF No. 473-661<;4623;@6/8 filed 11/01/18 PageID.13433 Page 8 of ?A0731@ @< =><@31@6B316 <>23>

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`NM OX[ D3 Kb 8[JZR 4VKJ\\b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`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW

1<;4623;@6/8 ?A0731@ @< =><@31@6B3 <>23> Case 2:17-cv-11910-MAG-DRG ECF No. 473-661<;4623;@6/8 filed 11/01/18 PageID.13434 Page 9 of ?A0731@ @< =><@31@6B316 <>23>

+5 .' '4<843$ '0B4 .@0D49 %>>@=D09 =@ +5 -4>0B@80B43$ '0B4 =5 -4A>==4 =5 .@0D49 '=2C;40@B;40@B;40@B;40B@80B8=< "0! #0 +AAC43 -4>0B@80B8=< /74@4 #1 #1 "1 -40A=< #2 "1 "3! #2 "4! #3 "2! "3! #1 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] *$'*$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X *$'*$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$+$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$+$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$+$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$+$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW

1<;4623;@6/8 ?A0731@ @< =><@31@6B3 <>23> Case 2:17-cv-11910-MAG-DRG ECF No. 473-661<;4623;@6/8 filed 11/01/18 PageID.13435 Page 10 ?A0731@ @<@31@6B3 16 <>23>

+5 .' '4<843$ '0B4 .@0D49 %>>@=D09 =@ +5 -4>0B@80B43$ '0B4 =5 -4A>==4 =5 .@0D49 '=2C;40@B;40@B;40@B;40B@80B8=< "0! #0 +AAC43 -4>0B@80B8=< /74@4 #1 #1 "1 -40A=< #2 "1 "3! #2 "4! #3 "2! "3! #1 @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$+$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$+$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$+$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$+$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW

1<;4623;@6/8 ?A0731@ @< =><@31@6B3 <>23> Case 2:17-cv-11910-MAG-DRG ECF No. 473-661<;4623;@6/8 filed 11/01/18 PageID.13436 Page 11 ?A0731@ @<@31@6B3 16 <>23>

+5 .' '4<843$ '0B4 .@0D49 %>>@=D09 =@ +5 -4>0B@80B43$ '0B4 =5 -4A>==4 =5 .@0D49 '=2C;40@B;40@B;40@B;40B@80B8=< "0! #0 +AAC43 -4>0B@80B8=< /74@4 #1 #1 "1 -40A=< #2 "1 "3! #2 "4! #3 "2! "3! #1 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$+$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$'%$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$'%$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW

1<;4623;@6/8 ?A0731@ @< =><@31@6B3 <>23> Case 2:17-cv-11910-MAG-DRG ECF No. 473-661<;4623;@6/8 filed 11/01/18 PageID.13437 Page 12 ?A0731@ @<@31@6B3 16 <>23>

+5 .' '4<843$ '0B4 .@0D49 %>>@=D09 =@ +5 -4>0B@80B43$ '0B4 =5 -4A>==4 =5 .@0D49 '=2C;40@B;40@B;40@B;40B@80B8=< "0! #0 +AAC43 -4>0B@80B8=< /74@4 #1 #1 "1 -40A=< #2 "1 "3! #2 "4! #3 "2! "3! #1 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$'%$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$'%$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$'%$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$'%$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$'%$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$'%$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW

1<;4623;@6/8 ?A0731@ @< =><@31@6B3 <>23> Case 2:17-cv-11910-MAG-DRG ECF No. 473-661<;4623;@6/8 filed 11/01/18 PageID.13438 Page 13 ?A0731@ @<@31@6B3 16 <>23>

+5 .' '4<843$ '0B4 .@0D49 %>>@=D09 =@ +5 -4>0B@80B43$ '0B4 =5 -4A>==4 =5 .@0D49 '=2C;40@B;40@B;40@B;40B@80B8=< "0! #0 +AAC43 -4>0B@80B8=< /74@4 #1 #1 "1 -40A=< #2 "1 "3! #2 "4! #3 "2! "3! #1 @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$'%$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW

1<;4623;@6/8 ?A0731@ @< =><@31@6B3 <>23> Case 2:17-cv-11910-MAG-DRG ECF No. 473-661<;4623;@6/8 filed 11/01/18 PageID.13439 Page 14 ?A0731@ @<@31@6B3 16 <>23>

+5 .' '4<843$ '0B4 .@0D49 %>>@=D09 =@ +5 -4>0B@80B43$ '0B4 =5 -4A>==4 =5 .@0D49 '=2C;40@B;40@B;40@B;40B@80B8=< "0! #0 +AAC43 -4>0B@80B8=< /74@4 #1 #1 "1 -40A=< #2 "1 "3! #2 "4! #3 "2! "3! #1 @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$'%$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$'%$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$'%$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$'%$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$'%$'%&, RWS^WL]RXW @[XLN\\RWP WX] LXVYUN]NM M^N ]X LX^[] +$'%$'%&, RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW 8W]N[_RN`NM OX[ D3 Kb 8[JZR 4VKJ\\b \]JOO/ @[XLN\\RWP WX] LXVYUN]NM M^N ]X +$'%$'%&, 7ULY (-$(.# )'(, LX^[] RWS^WL]RXW &'$&($'%&,! JURNW `R]QM[N` [NZ^N\] OX[ [NVX_JU ?WN GJb X]RORLJ]RXW XO ][J_NU LXVVN[LRJU! &&$-$'%&, &'$*$'%%, ]QN 8[JZ 4VKJ\\b RW 3#2# 3#2# &'$*$'%&, 0YY[X_NM R]RWJ[b 1JPQMJM 8[JZ 4VKJ\\b RW 3#2# \]J]NM ]QJ] &&$-$'%&-! ($'%$&- ($'%$'%&- [NZ^N\] `RUU KN Y[XLN\\NM &'$&($'%&,! &'$'.$'%&, " JURNW `R]QM[N` [NZ^N\] OX[ [NVX_JU FN[KJU 0P[NNVNW] O[XV 8[JZ 4VKJ\\b RW E#C# ]X 8\\^N D3 OX[ ^YLXVRWP =GNFKNI 1OMMGREKCL OR 1JCRTGR >X]RORLJ]RXW XO ][J_NU 5NK"&- ($'%$'%&- [NVX_JU >GMOVCL 0YY[X_NM R]RWJ[b 8[JZ 4VKJ\\b RW 3#2# \]J]NM ]QJ] &'$&($'%&,! ($'%$&- ($'%$'%&- [NZ^N\] `RUU KN Y[XLN\\NM

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1<;4623;@6/8 ?A0731@ @< =><@31@6B3 <>23> Case 2:17-cv-11910-MAG-DRG ECF No. 473-661<;4623;@6/8 filed 11/01/18 PageID.13440 Page 15 ?A0731@ @<@31@6B3 16 <>23>

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1<;4623;@6/8 ?A0731@ @< =><@31@6B3 <>23> Case 2:17-cv-11910-MAG-DRG ECF No. 473-661<;4623;@6/8 filed 11/01/18 PageID.13441 Page 16 ?A0731@ @<@31@6B3 16 <>23>

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1<;4623;@6/8 ?A0731@ @< =><@31@6B3 <>23> Case 2:17-cv-11910-MAG-DRG ECF No. 473-67 filed 11/01/18 PageID.13442 Page 1 of 11

EXHIBIT 7 Case 2:17-cv-11910-MAG-DRG ECF No. 473-67 filed 11/01/18 PageID.13443 Page 2 of 11

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

OSAMA JAMIL HAMAMA, et al.,

Petitioners/Plaintiffs, Case No. 2:17-cv-11910 v. Hon. Mark A. Goldsmith Mag. David R. Grand REBECCA ADDUCCI, et al., Class Action

Respondents/Defendants.

DECLARATION OF EDGAR LOPEZ

I, Edgar Lopez, make this declaration based upon my own personal knowledge. I am over 18 and competent to make this declaration:

I. I am a Legalization Specialist with Cogency Global, a company that provides authentication, legalization, and apostille services to assist in authenticating documents such as birth certificates, court judgments, policy statements, and patent registrations for use in countries other than their issuing country.

2. As a Legalization Specialist, I frequently present documents to foreign diplomats or consular officials at many foreign embassies or consulates for certification that the document is valid.

3. On June 28, 2018, I presented a document-the last two pages of this Declaration's Exhibit-to a consular official at the Iraqi Embassy in Washington, D.C. The pages are in Arabic. This consular official's duties include document authentication; I have met with him many times for this purpose.

4. The consular official explained that these two pages are an official document issued by the Government of Iraq, and that the individual whose name appears on the letter that appears on the first of the two pages does in fact work in the Consular Department at the Iraqi Ministry of Foreign Affairs. He did not

1 Case 2:17-cv-11910-MAG-DRG ECF No. 473-67 filed 11/01/18 PageID.13444 Page 3 of 11

express any doubts about the document's authenticity. However, he said, he could not authenticate it because the Iraqi Consulate does not authenticate documents from Iraq. (Rather, what they do is authenticate documents to be used in Iraq.)

5. In a further attempt to obtain authentication, Petitioners' counsel in this lawsuit then shared with me a certified and notarized translation of the two pages. That certified and notarized translation is also part of this Declaration's Exhibit-it is the third to the sixth pages. Because the notarization on the translation was from New York State, and used a New York State seal, I submitted it to the New York Secretary of State for certification, which I obtained. This authentication is the second page of the Exhibit.

6. I then took the certified translation and the underlying Iraqi document back to the U.S. Depaiiment of State, which duly authenticated the seal of the State ofNew York. See the first page of the Exhibit. However, the U.S. Department of State's authentication explains that "[f]or the contents of the annexed document, the Department assumes no responsibility." This Declaration's Exhibit is a copy of the full packet- the U.S. Department of State authentication (page I); the New York ce1iification (page 2); the English translation and certification (page 3-6), and the Arabic document (page 7-8). (The Exhibit cannot be taken apart or the Department of State authentication becomes void.)

7. After I got that authentication back, I spoke to several officials at the Depaiiment of State; they again explained that they cannot authenticate documents like the underlying Iraqi document- they can only authenticate the New York State notarization/N.Y. Secretary of State ce1iification.

I declare under penalty of perjury, pursuant to 28 U.S.C. § 1746, that the foregoing is true and correct.

Executed on August 15, 2018, in Washington, DC.

2 Case 2:17-cv-11910-MAG-DRG ECF No. 473-67 filed 11/01/18 PageID.13445 Page 4 of 18047966-4 11 United States of America

DEPARTMENT OF STATE To all to whom these presents shall come, Greetings:

I Certify That the document hereunto annexed is under the Seal of the State(s) of New York, and that such Seal(s) is/are entitled to full faith and credit.* *For the contents of the annexed document, the Department assumes no responsibility This certificate is not valid if it is removed or altered in any way whatsoever

In testimony whereof, I, Michael R. Pompeo, Secretary of State , have hereunto caused the seal of the Department of State to be affixed and my name subscribed by the Assistant Authentication Officer, of the said Department, at the city of Washington, in the District of Columbia, this twelfth day of July, 2018.

Issued pursuant to CHXIV. State of Sept. 15, I 789, I Stat. 68-69; 22 :::z::--~. Secretary of State USC 2657, 22USC 265/a; 5 USC 301 ; 28 USC 1733 et. seq.; 8 USC By__.,~----~--~---M--~ 1443(!); RULE 44 Federal Rules of Assistant Authentication---- Officer, Civil Procedure. Department of State Case 2:17-cv-11910-MAG-DRG ECF No. 473-67 filed 11/01/18 PageID.13446 Page 5 of 11

United States of America

Stale o/ rJew York ';J)eparlmenlo/ Stale

It is hereby certified, that Judith A. Pascale was Clerk o_fCounty of Siif.folk in the State of New York, and

Clerk of the Supreme Court therein, being a Court o_fRecord, on the day of the date of the annexed certificate, and duly authorized to grant same; that the seal affixed to said certificate is the seal of said County and Court; that the attestation thereof of said Clerk is in due form and executed by the proper officer; and that full faith and credit may and ought to be given to said Clerk's o_fjicial acts.

In Testimony Whereof, the Department of State Seal is hereunto affixed.

Witness my hand at the city of New York

this 9th day of July Two Thousand and Eighteen

..,

• •. *

Whitney A. Clark Special Deputy Secretary of State

105/206 2 JOCC(IU,·v: 09 125112) Case 2:17-cv-11910-MAG-DRG ECF No. 473-67 filed 11/01/18 PageID.13447 Page 6 of 11

Ministry of Foreign Affa irs

Consular Department

#: 6/4/h 13351

Date: 3/25/2018

To all our political and consular missions abroad

We attach for you, the letter of Ministry of Migration and Displaced/Department of Immigration Affairs/Foreign Migration Department, # (D/SH/H/773) dated 3/8/2018, including the Ministry's rejection of the principle of forced return of Iraqis abroad or any other nationals, because it conflicts with human rights international laws and resolutions, principles of the International Community and policy of the Iraqi government. In addition, Iraq strives to use all its capabilities to encourage and urge the host countries of refugees, asylum - seekers/applicants or those whose asylum applications were refused to allow voluntarily return to those who want to return to Iraq as an alternative solution for those countries, after coordination and cooperation with the Ministry of M igration and Displaced, ou r overseas missions and international organizations.

Kindly take notice and the necessary action to coord inate with those countries to reduce this serious phenomenon that affects Iraqis abroad.

Attachments:

Letter

Ambassador:

Dr. Ahmed Nayef Rashid Al Dulaimi

Head of the Consular Department

[Signed] [Official stamp: Republic of Iraq, Ministry of Foreign Affairs]

3/25/2018

Office of the Minister, a letter of His Highness on 3/19/2018, to kindly review and take notice. Office of the Undersecretary for Political Planning Affairs, to kindly review and take notice. Office of the Inspector General, to kindly review and take notice. Administrative Department, to kindly review and take notice. Ministry of Migration and Displaced/ Department of Immigration Affairs/ Foreign Migration Department, to kindly review and take notice. Al Dawar

[email protected] www.mofa.gov.iq +(964) 537 299 1-9/ext: 2275 - 2277 Case 2:17-cv-11910-MAG-DRG ECF No. 473-67 filed 11/01/18 PageID.13448 Page 7 of 11

[Ministry of Foreign Affairs letter head] # (D/ SH/ H/ 773) Date: 3/8/2018

[Stamp : Outbound mail #365, Date : 3/15]

[Stamp : Minister of Migration and Displaced, Administrative and Financial Section, Outbound and Inbound Division, Outbound mail / / 201 ]

Very urgent

To: Ministry of Foreign Affairs/Office of the Minister

Subject / Forced return of the Iraqi refugees

Greetings,

Based on the principle of protecting and caring for Iraqis abroad and in accordance with the human rights international laws and resolutions of, principles of the International Community and policy of our ministry, since it was established, we refuse the principle of forced return of Iraq is abroad or any other nationals, because it conflicts with humanitarian laws and principles. In addition, Iraq strives to use all its potential to encourage and urge the host countries of refugees, asylum - seekers/ applicants or those whose asylum applications are refused to allow the voluntarily return to those who wish to do so as an alternative solution, after coordination and cooperation with our Ministry, the Iraqi diplomatic missions and international organizations.

Kindly inform all our missions to coordinate with those countries to reduce this serious phenomenon that affects Iraqis abroad.

Kindly take notice ... and all the action needed in this regard and inform us of your decision.

Sincerely,

Dr. Jassim Mohamed Mohamed Ali

Minister of Migration and Displaced

(Signed)

I I 2018

Office of the Minister, to kindly review and take notice. Office of the Director General/competent department. Department of Foreign Migration Department, to follow.

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- Case 2:17-cv-11910-MAG-DRG ECF No. 473-67 filed 11/01/18 PageID.13449 Page 8 of GENEY 11 0 R L 0 I

CERTIFICATE OF ACCURACY

STATE OF NEW YORK SS: COUNTY OF NEW YORK

l, Fei Deng, Project Manager at Geneva Worldwide, Inc., being duly sworn, depose and say that Geneva Worldwide is a multilingual translation company. Geneva Worldwide provided the translation of the documents below from the Arabic language into the English language. My signature confirms that the documents have been examined, and have been deemed accurate and complete.

STATE OF NEW YORK } dated County of Suffolk ss:

I, JUDITH A. PASCALE, Clerk of the County of Su"" lk d l O1 8 4 7 0 h . uo , an a so Clerk of th s t e same bemg a Court of Record DO HEREBY e upreme Court for said County ' . ' CERTIFY that ' . I' (S-hAA- S- 5°'-rl+l6-4 whose name is subscribed to the deposition or cert' . () annexed instrument and thereon written ;fic~te of the proof or acknowledgement of the acknowledgement a NOTARY PUBLIC . was da~ t e time of taking such deposition or proof or and authorized by the laws of said State :: t:~ dor su~h County, duly commissioned and sworn any Court of said State and for general e epos1t10ns and to administer oaths to be used i~ of deeds of conveyances for land tene~~:~ses; hand d~lso to take acknowledgements and proofs further that I am well acquainted' with the or er~ itaments in said State of New York. And believe that the signature of said deposit1·on handwfntmg of such NOTARY PUBLIC and verily go or cert1 1cate of pro f kn ~EWYORK IN TESTIMONY WHEREOF I h o or ac owledgement is genuine. , ave hereunto set my hand and affixed the Seal of the ounty said Court and County th~ ...... 0..t )a ~ JU ( ( V /03/201:J I ~ ...... ~ 20 ti Form No. 115 "'-""'. -rJ ..( ...... , ...... , ...... ~ ...... ~...... County Clerk I 2-0240p. 09/06kd

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CERTIFICATE OF ACCURACY

STATE OF NEW YORK SS: COUNTY OF NEW YORK

I, Fei Deng, Project Manager at Geneva Worldwide, Inc., being duly sworn, depose and say that Geneva Worldwide is a multilingual translation company. Geneva Worldwide provided the translation of the documents below from the Arabic language into the English language. My signature confirms that the documents have been examined, and have been deemed accurate and complete.

Regarding: 1. Letter from Minister of Migration and Displaced, #(D/SH/H/773 ), dated 3/8/2018 2. Letter from Head of the Consular Department dated 3/25/2018

This certificate issued by Geneva Worldwide, Inc. 256 West 38th Street- 10th Floor, New York N.Y. 10018.

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EXHIBIT 8 Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13454 Page 2 of 47

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION USAMA JAMIL HAMAMA, et al.,

Plaintiffs/Petitioners, Case No. 2:17-cv-11910

Hon. Mark A. Goldsmith v. Mag. David R. Grand

REBECCA ADDUCCI, et al., Class Action

Defendants/Respondents.

DECLARATION OF DANIEL SMITH

I, Daniel Smith, make this declaration based upon my own personal knowledge

and if called to testify, I could and would do so competently as follows:

QUALIFICATIONS:

1. I am a researcher specializing in Iraq who has been living primarily in the Iraqi cities of Baghdad, Sulaimaniya, and Erbil (where I now live) since 2007.

2. From 2010 to 2013, I worked for Human Rights Watch, for which I took part in or led multiple investigations into human rights abuses in Iraq and contributed to multiple public reports, including as primary author, including topics such as torture, arbitrary and secret detention, violence against and arrest of peaceful demonstrators, mass executions, failure to enforce legislation banning female genital mutilation, and destruction caused by Iran in populated areas of North Iraq.

3. From 2009 to 2013, I was a research consultant for the International Crisis Group (ICG), contributing to several major reports on Iraq by conducting dozens of interviews with all levels of politicians, security officials, party officials, tribal leaders, and religious figures, as well as collecting and organizing ongoing current events, legislation, and Supreme Court decisions.

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4. In 2012, I began working as a consultant, advocate and field protection coordinator for emergency cases, focusing on targeted LGBT youth, for the International Refugee Assistance Project (IRAP), a U.S.-based legal assistance and resettlement organization.

5. For over a decade, I have contributed to, or been interviewed by, multiple news publications on Iraq-related issues. I have given several public presentations on Iraq, including as the featured panel member at a roundtable discussion at the Council on Foreign Relations. I have also been a participant on multiple discussion panels in Iraq, on topics including general human rights in Iraq, human trafficking, women’s rights, freedom of speech, personal status laws, and proposed draft legislation. For the September 25, 2017 independence referendum, I was credentialed as an international election observer by the Kurdish Regional Government’s (KRG) Independent High Elections and Referendum Commission.

6. Relationships with Iraqi government officials at all levels are critical for me to be effective in my work, including obtaining information about current Iraqi government policies. Iraq is a society where personal relationships are very important, and I have accordingly cultivated relationships with government officials whom I can call upon as needed. My general approach is one of maintaining contact with a variety of governmental and non-government actors to try to keep my knowledge as nuanced and up to date as possible. Because the situation in Iraq can change very quickly, background expertise about the country is often insufficient. Rather, current and sustained contacts are essential to understanding the political situation. The fact that I live in Iraq facilitates my ability to develop and maintain such contacts.

7. I keep in regular contact with numerous key figures in Iraqi politics, security forces, lawyers, judges, and others. Some mid-level politicians with whom I’ve had a close working relationship for over a decade have sometimes risen to high level positions, such as Speaker of Parliament and Vice-President. I am familiar with the respective responsibilities of various Iraqi government ministries, both in terms of their official responsibilities and in terms of how things are handled in practice. I have a good understanding of the relationships between key political players in Iraq.

8. I also have close relationships with multiple Iraqi human rights organizations focusing on arrest, detention and torture practices of Iraqi security

Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13456 Page 4 of 47

forces, women’s rights, freedom of expression, minority rights, and various violent manifestations of Iraqi sectarianism.

9. In addition, as part of my research and advocacy efforts over the years, I have kept regular contact with various international organizations, including the United Nations (UN), the United Nations High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM), and the International Committee of the Red Cross (ICRC). I also met regularly with multiple officers of the US Department of State at the US Embassy in Baghdad, and assisted in the drafting of the Iraq section of the 2011 and 2012 Country Reports on Human Rights Practices by confirming various human rights abuses with political officers authoring the reports.

10. Since 2013, I have submitted reports on Iraq country conditions in over 20 immigration court proceedings in the United States and Canada. Sometimes I have appeared as a fact witness; other times I have been qualified and provided testimony as an area expert. In addition, it my understanding that declarations I have drafted about Iraqi country conditions have been widely used by Hamama class members to support both their motions to reopen and merits cases. I also previously submitted a declaration in this case, ECF 84-6, which outlines the dangers facing the Hamama class members if they are returned to Iraq.

11. In connection with its representation of the putative primary class and certified subclasses in Hamama v. Adducci, the American Civil Liberties of Michigan (ACLU) has retained me to conduct various on-the-ground research projects in Iraq. I am now paid by the hour for my work on this matter, although I have in the past worked on this case pro bono. This payment is in no way contingent on the substance of my opinions or analysis.

12. A c.v. outlining my qualifications more fully is attached.

IRAQ HAS LONG OPPOSED INVOLUNTARY REPATRIATIONS

13. As a result of continued political turmoil in Iraq, large numbers of Iraqis have fled the country for decades, but this has spiked in the years since the 2003 regime change and the intense violence that has followed. There are large diaspora communities not just in the United States, but also in Europe and throughout the Middle East, among other regions. Many of these individuals left Iraq years ago as refugees or asylees, and have long since integrated into their new homelands. Those that left Iraq before 2003 are utterly unfamiliar with the drastic 3

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changes in everyday life that have occurred since. Multiple Iraqis I have interviewed who left before 2003 and returned from the U. S. years later have had extreme difficulty reintegrating and have often faced suspicion as a result, leading to violence, arrest, extended detention, and being targeted by armed militias as a result.

14. The Iraqi government has long opposed involuntary repatriation of Iraqi nationals, for principled, practical, and political reasons.

15. First, many Iraqi government officials oppose forcible repatriations on humanitarian grounds. There are many reasons for this, including the fact that so many Iraqis, including the political leadership, have families abroad. Another reason is that, over the past 15 years, it has become a prominent issue after multiple previous state efforts to pressure or coerce repatriated Iraqis or internally displaced persons (IDPs) to their areas of origin when the areas were extremely unsafe, or when the effort was perceived as part of a program of state-sanctioned forced displacement or ethnic cleansing. As a result of repeated national and international criticism of this, it is a familiar issue. To avoid strong negative reactions from the press or the populace, Iraqi officials and agencies routinely stress in public statements that any returns, internal or external, must be voluntary.

16. Second, as a practical matter, forcible repatriations are extremely challenging for Iraq, as is consistently reported by international organizations responsible for much of the coordination of the management and protection of displaced Iraqis such as UNHCR1 and the International Organization for Migration (IOM), among others.

1 A UNHCR report clarifying the agency’s position on Iraqi returns, states:

In the current circumstances, with large-scale internal displacement, a serious humanitarian crisis, mounting intercommunal tensions, access/residency restrictions in virtually all parts of the country and increasing pressure exercised on IDPs [internally displaced persons] to prematurely return to their areas of origin following the retaking of these areas from ISIS, UNHCR does not consider it appropriate for States to deny persons from Iraq international protection on the basis of the applicability of an internal flight or relocation alternative. An internal flight or relocation alternative would only be available in the exceptional circumstances where an individual can legally access and remain in the proposed area of relocation, would not be exposed to a new risk of serious harm there, and has close family links in the proposed area, with the family willing and able to support the individual. In light of the difficult humanitarian conditions in many parts of the country, especially in areas hosting large numbers of IDPs, family members 4

Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13458 Page 6 of 47

17. The Iraqi government has shown an inability to return and reintegrate nearly two million remaining internally displaced persons (IDPs) and effectively replace their missing identity or other civil documentation.2 This is the case for populations who have never left Iraq, for whom there is no stigma as a result of being perceived as overly Americanized, and who are not known or suspected to have committed serious crimes abroad. When the Iraqi government does not have the capacity to facilitate the reintegration and issuance of crucial identity documents even for women and children among populations one would expect to be a high priority, there is no indication that there would be sufficient capacity, nor motivation, to do so with members of the Hamama class.

18. These concerns are heightened when those returning speak little or no Arabic (or another language spoken in the area they are from or would be returned to), do not know the culture, and have few or no family connections in Iraq – a society where family connections are critical to functioning effectively in society.

19. Finally, because many countries other than the United States also would like to repatriate Iraqi nationals, Iraq government officials who have long opposed forced returns or the return of Iraqis without valid Iraqi identification, and

who are themselves in a situation of internal displacement would generally not be considered as being able to provide such support.

It should be noted that although the threat from ISIS described in other parts of this report has changed since publication, all the factors and conditions described in these portions remain current. The report continues:

Returnees must undergo security screening and obtain approval to return from various local actors in return areas, including the military force controlling the area, local authorities and tribes. In some areas, returns have been delayed by local actors who assert that the areas first need to be fully secured and demined and services re-established. However, returns have reportedly also been prevented on the basis of discriminatory criteria, including on account of IDPs’ ethnic/religious profile and/or perceived political opinion.

UNHCR, UNHCR Position on Returns to Iraq, (Nov. 14, 2016), available at http://www.refworld.org/pdfid/58299e694.pdf.

2 The latest figures released by UNHCR put the number of IDPs at 1,953,984, 11% of whom are still missing civil documentation. See UNHCR, Iraq Protection Update - July 2018, available at https://reliefweb.int/sites/reliefweb.int/files/resources/20180820%20Iraq%20Protection%20Upda te%20-%20July%202018.pdf.

Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13459 Page 7 of 47

have acted to block them, are necessarily concerned about setting a precedent for repatriations from one country that would lead to large numbers of repatriations from other countries as well.

IRAQ’S CURRENT POSITION CONTINUES TO BE ONE OF OPPOSING INVOLUNTARY REPATRIATIONS.

20. It is my understanding that U.S. government officials have represented to the Court that Iraq’s longstanding policy opposing involuntary removals has changed, and that there is now no barrier on the Iraqi side to deporting the approximately 1400 Iraqi nationals in the U.S. who have or had final orders. That is not the case. There are several recent Iraqi government documents reaffirming Iraq’s opposition to involuntary repatriations.

21. On March 8, 2018, the Iraqi Ministry of Migration and Displacement sent a letter regarding “forced return of Iraqi refugees” to the Iraqi Ministry of Foreign Affairs. The letter is signed by Dr. Jassim Mohamed Mohamed Ali [al- Jaff], the Iraqi Minister of Migration and Displacement. The Ministry of Migration and Displacement has jurisdiction over relevant policies of repatriation and resettlement.3 A copy of the letter in Arabic is attached as Exhibit A, and a certified translation as Exhibit B.

22. The letter states:

3 As stated in section 2 of the 2004 order establishing the Ministry of Migration and Displacement (MOMD), “The MOMD shall be responsible for all matters pertaining to Iraqi refugees and displaced persons, including but not limited to matters associated with their repatriation, relocation, resettlement, and reintegration.” It continues: “The MOMD shall develop policies and implement repatriation, relocation, resettlement, and reintegration programs as are needed to give effect to this Order.” CPA Order Number 50, Jan. 10, 2004, available at https://govinfo.library.unt.edu/cpa-iraq/regulations/ 20040112_CPAORD50_ MODM.pdf.

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23. The letter further notes that, as an alternative solution, individuals can be allowed to return voluntarily. The letter requests the assistance of the Iraqi Foreign Ministry to inform Iraqi missions abroad.

24. On March 25, 2018, the Iraqi Ministry of Foreign Affairs sent a copy of the Ministry of Migration and Displacement’s letter to Iraq missions and consulates abroad, along with a cover letter signed by Dr. Ahmed Nayef Rashid Al Dulaimi, the Head of the Consular Department.

25. The Ministry of Foreign Affairs cover letter summarizes the contents of the Ministry of Migration and Displacement’s letter, and instructs the missions and consulates to “[k]indly take notice and the necessary action to coordinate with those countries to reduce this serious phenomenon that affects Iraqis abroad.” This consular cable implicitly acknowledges the lead policymaking role of the Ministry of Migration and Displacement in this area.

26. When I first received a copy of these two letters from the Hamama class counsel, I verified their authenticity by contacting Director General of the Ministry’s Information Directorate and Assistant to the Minister, Iman N. Hendi. Ms. Hendi not only confirmed that the letters are authentic, but reiterated that the government of Iraq remains opposed to involuntary repatriations.

27. On August 1, 2018, Ms. Hendi emailed me a copy of an additional letter from that ministry to the Ministry of Foreign Affairs, dated July 29, 2018. The letter is likewise signed by Dr. Jassim Mohamed Mohamed Ali, Minister of Migration and Displacement. On August 8, Ms. Hendi provided me an embossed, official copy which I sent to Class Counsel in the United States.4 A copy of that letter is attached as Exhibit C. A certified translation of the letter is attached as Exhibit D. Exhibit E is a copy of the email I received from Ms. Hendi on August 1st to which the letter was attached.

28. The July 29th Ministry of Migration and Displacement letter states:

We have received information indicating that some countries which host Iraqi nationals intend to forcibly return them, particularly, the EU countries and the USA. Since this issue

4 The Hamama Class Counsel have the official copy, and can provide it to the Court for review if desired.

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contravenes the policy of the State and international law and norms, please ensure that all our embassies and consulates in the countries that host Iraqi nationals are ensuring they are not subject to deportation or forced return.

29. In addition to being sent to the Iraqi Ministry of Foreign Affairs, the letter is copied to the Iraqi Ministry of the Interior and the Iraqi Ministry of Transportation, so that they may “take the necessary actions to ensure forcibly returned nationals are not taken in.” The fact that the letter is copied to those ministries is significant, as the Ministry of the Interior (the police) has jurisdiction over immigration procedures at all airports and borders, and the Ministry of Transportation has jurisdiction over all airlines or aircraft flying to or from Iraqi airports. The inclusion of those ministries, who were not included on the first letter, seems clearly intended to ensure that those ministries participate in efforts to prevent forcible repatriations.

30. A statement which was first posted on the Ministry of Migration and Displacement’s official website in January 2018, and remains posted there, reads, “The government’s policy is clear and consistent with regard to the subject of the return of asylum seekers from abroad, stressing the importance of encouraging the voluntary return of asylum seekers from abroad and the refusal of forcible returns from those countries.”5

31. After the British government threatened to return multiple Iraqis involuntarily for repatriation, the Iraqi Parliament passed a resolution on May 3, 2017 to, in the words of the MP from the Legal Committee who introduced it, “demand that the government and the Ministry of Foreign Affairs take measures to block the forcible return of Iraqi refugees who do not volunteer to do so.” 6

32. Iraqi government officials have also repeatedly made statements to the media reiterating Iraq’s opposition to and refusal of involuntary repatriations, such as an article in AI-Monitor from January 2018 that quotes the Minister of

5 The statement continued, “The ministry is continuing to coordinate with all European countries and through United Nations organizations for the purpose of returning Iraqis who want to return to the country voluntarily and refused to return them forcibly.” MOMD, (Jan. 14, 2018), available at https://momd.gov.iq/Posts/Article?id=7024.

6 A lawmaker collects signatures to issue a resolution preventing the forcible return of Iraqi refugees, ALSUMARIA (May 3, 2017), available at https://www.alsumaria.tv/news/202767/#.

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Displacement and Migration as saying, “The chief of mission of the International Organization for Migration said in a meeting that the organization would look into a coordination mechanism with EU countries to prevent any forced return of Iraqi emigrants,” and his Deputy Minister Jasser al-Attiyya as saying, “The Iraqi government rejects forced returns, as we have understandings with some European countries concerning how necessary it is not to take any measures concerning forced returns.” In the same article, the Head of the Iraqi Parliament’s Foreign Relations Committee, Abdul Bari Zebari, “called upon the Iraqi government to not accept any negotiations with the European Union concerning forcibly returning Iraqi immigrants, as he suggests that returning them should be voluntary, not compulsory.” 7

33. When the government of Finland threatened to return Iraqis against their will in spite of the Iraqi government’s policy, Iraq’s Ambassador to Finland Matheel al-Sabdi said Iraq “unequivocally” would not allow it, saying, “The Iraqi authorities, first of all, they [planeload of deportees] will not have permission to fly from Finland to Baghdad and get permission to land.” “Secondly, if they put them on commercial flights they [deported asylum seekers] will not be accepted at Baghdad International Airport.”8 When the government of Finland attempted to do this anyway earlier this summer, Iraq refused to accept deportees who had arrived in Baghdad from Finland. Iraq sent the deportees back to Helsinki on at least two separate occasions because they were not returning voluntarily and had no passports, even though they had been issued temporary one-way Finish travel documents.9

7 Mustafa Saadoun, Baghdad objects to European plans to forcibly repatriate Iraqis, AI- MONITOR (Jan. 26, 2018), available at http://english.ankawa.com/?p=20171.

8 Enrique Tessieri, Iraq will not accept forced deportations from Finland, MIGRANT TALES (Jan. 16, 2018), available at http://www.migranttales.net/ambassador-matheel-dhayif-al-sabti- iraq-will-not-accept-forced-deportations-from-finland/.

9 An article from June 2018 reads, “‘The Iraqi police refused to accept them because they said that they were not returning voluntarily and that they had no passports,’ Yusuf explained. Finnish police confirmed the events described by Yusuf, but declined to offer any further comment on the issue.” Iraq bounces deportees over travel documents, SPUTNIK (June 19, 2018), available athttps://sputniknews.com/europe/201806191065540858-finland-iraq-deportation/.

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34. Iraq’s policy of refusing involuntary repatriations is not new; it is the longstanding policy of the government of Iraq.10

35. It is my understanding that American officials have represented to the Court that they will be able to obtain travel documents from the Iraqi Ministry of Foreign Affairs for class members, regardless of whether class members desire to return to Iraq. While the Ministry of Foreign Affairs is the Iraqi government ministry that is most likely to be the target of direct pressure from the U.S. State Department and other U.S. authorities regarding the repatriations, and while this pressure could lead to a small number of Iraqi travel documents being issued in specific cases, in my professional opinion it is unlikely that the Iraqi government as a whole will abandon its longstanding policy, and therefore unlikely that large scale involuntary deportations can be accomplished.

36. When inquiring into this subject over the last several weeks with officials from both the Iraqi Embassy in Washington and the Ministry of Foreign Affairs in Baghdad, I was repeatedly told that it was “a sensitive issue.” Officials from the Ministry of Foreign Affairs told me that there was a substantial amount of pressure from the U.S. government to accept forced returns, against their policy. For this reason, they said they were hesitant to publicly state that they would not cooperate with U.S., in order to avoid negative diplomatic consequences, but instead would just continue to state that forced returns were against Iraqi policy. I was told by more than one Iraqi official that the government’s position had not and would not change.

37. On Aug. 14, 2018, I spoke to Ahmed Mahgroub, a spokesperson for Iraq’s Ministry of Foreign Affairs, who said, “Iraqi embassies all over the world can facilitate only the voluntary return of Iraqis, and can issue a travel document to return, for those who wish to return. That document is only valid on the single trip, to return to Iraq.”

38. As of March 25, 2018, the Ministry of Foreign Affairs was reaffirming Iraq’s long-standing position against involuntary repatriations by sharing the Ministry of Migration and Displacement letter with consular and

10 A 2012 article reads, “Baghdad bans forced return of deportees and threatens to fine airlines that carry failed asylum seekers.” Owen Bowcott, THE GUARDIAN (July 2, 2012), available at https://www.theguardian.com/world/2012/jul/02/iraq-parliament-deported-nationals-europe.

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embassy staff. I do not know if Ministry of Foreign Affairs has also shared the July 2018 Ministry of Migration and Displacement letter.

39. On August 27, 2018, I met with Dr. Hoshyar Zebari, who spent over a decade as Iraq’s Minister of Foreign Affairs (2003-2014), served as Deputy Prime Minister in 2014, and then Finance Minister until 2016. He told me:

“We want our people back to build up our country and contribute to Iraq, but the violence and terrorism and bad governance make it not a conducive atmosphere for many people to return safely, so our policy was always against allowing them to be forced to come back. This never changed.”

“Our position in the Iraqi government has always been that we were against forced repatriations. This was a standard point of discussion with other countries. When I was at the Ministry (of Foreign Affairs), I confronted this issue with many European countries because there was a lot of pressure in those countries to return Iraqis. Immigration became an election issue in many countries, like it is in the U.S. now, so they were pressuring us.”

“It was a standard point of discussion, and we always said we will not accept any forced repatriations. Some countries tried to just send them on a plane sometimes, but we had to refuse them. When they [returnees] did not have Iraqi identification, we could not even know who they were. There were even cases where the person they attempted to send were not Iraqi.”

“Sweden, Denmark, some Nordic countries tried to send Iraqis against their will, and we told them, ‘We will accept only voluntary repatriations. It is up to you to make it more attractive for them to return by working with NGOs to create programs that fund and assist their return,’ something like that. We signed a memorandum of understanding with some countries to do this for Iraqis who were either not granted asylum or who the country was trying to send back for any other reason, but it needed to be voluntary. The Swedish government and Germany sent some back who agreed to return after programs from the countries with some funding by them and with programs with NGOs in Iraq. It took a lot of planning to implement it and we are talking small numbers - dozens, not hundreds. Even with this soft approach, there was uproar in the government - a lot in the parliament - that Iraqis were being pressured to return against their will.”

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Dr. Zebari added that should any Iraqis be forced to return to Iraq, public reaction against these forced returns would be intensified because of reports in the Iraqi news media that U.S. Immigration and Customs Enforcement (ICE) has been violating court orders prohibiting coercion of the detainees. 11 He continued: “I instructed our embassies in those countries to issue documents - laissez- passer documents are what we call them - that allows them to travel to Iraq and then it [the laissez-passer document] is cancelled. I think it was the Swedes, the Danes, the Germans, the British, and some others, but it was always only voluntary repatriation. They were never to issue them to Iraqis being forced to return.” “Even with pressure from America, the Ministry [of Foreign Affairs] should state their position clearly, as we did before. They have a responsibility to do this, but the Ministry is dysfunctional now, especially in this time of governmental formation.” 12 40. Even if the Ministry of Foreign Affairs, under pressure from the United States, agrees to issue a small number of travel documents for some Iraqi nationals there no indication that the Ministry of the Interior or Ministry of Transportation will allow, much less facilitate in, involuntary repatriations.

41. What is clear is that because the issue of involuntary removals is very fraught, even if the Ministry of Foreign Affairs would – under pressure from the United States – wish to allow some number of involuntary removals, other

11 Some Iraqi media have published reports in Arabic describing Hamama class members being threatened, placed in solitary confinement, or otherwise coerced in the Calhoun County Jail as part of efforts to convince them to drop out of the class or sign statements that they volunteer to فضيحة!عراقيون في السجون ا�مريكية يعاملون بشكل عنصري وغير آدمي ترجمة #خولة_الموسوي .return to Iraq (English translation of title: Scandal! Iraqis In US Prisons Treated in Racist and Inhuman Way) IRAQNEWSPAPER.NET (Aug.24, 2018), available at https://iraqnewspaper.net/ar/%D9%81%D8%B6%D9%8A%D8%AD%D8%A9%D8%B9%D8% B1%D8%A7%D9%82%D9%8A%D9%88%D9%86-%D9%81%D9%8A- %D8%A7%D9%84%D8%B3%D8%AC%D9%88%D9%86- %D8%A7%D9%84%D8%A7%D9%85%D8%B1%D9%8A%D9%83%D9%8A%D8%A9- %D9%8A%D8%B9%D8%A7/.

12 See paragraphs 45-46 for an explanation of the relevance of government formation. 12

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ministries, the Iraqi parliament, and other Iraqi officials will fiercely oppose such efforts. The greater the number of removals, the greater the resistance there will be.

42. Even a small number of removals of unwilling repatriates would be the source of significant controversy in the Iraqi government and would draw substantial attention to these cases, including the likely profiling in the media of certain repatriated individuals already at risk, or whose criminal convictions would be made public, increasing that risk.

43. If such repatriations occur at all, it will be a very laborious and time- consuming process, subject to great uncertainty based on competing political pressures and shifting political fortunes of Iraqi government officials who might support limited involuntary repatriations (in response to U.S. government pressure) and those who oppose them.

44. There is no reason to believe that Iraq’s next administration would reconsider this policy. The political coalitions that got the most votes during the recent election are both led by anti-American militia leaders, Muqtada al-Sadr and Hadi al-Amiri, the latter who receives direct support from Iran’s Islamic Revolutionary Guards Corps. Not only do their increased influence add to the severity of the danger to Iraqis strongly associated with America13, but they will be even less likely to break their policy under U.S. pressure than caretaker Prime Minister Haider al-Abadi, seen as pro-American. Even if Abadi is able to retain his position through current post-election negotiation, there will be added pressure to not appear to be subjugated by the U.S.

45. Even if there were some suggestion, which there is not, that the next Iraqi administration would somehow be more amenable to changing their policy, the next government, and therefore the next functioning administration, is also not likely to be formed any time soon. The process of government formation, which under the Iraqi Constitution can last up to 90 days, began on Aug. 19, 2018, as Iraq’s Federal Supreme Court finally ratified the results of Iraq’s disputed May 12 national election. If the nominated prime minister is not successful at forming a

13 In mid-August, the US Department of State issued a travel advisory its highest threat level, 4, which read, “Numerous terrorist and insurgent groups are active in Iraq and regularly attack both Iraqi security forces and civilians. Anti-U.S. sectarian militias may also threaten U.S. citizens and Western companies throughout Iraq.” US DEPARTMENT OF STATE (Aug, 18, 2018), available at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/iraq-travel- advisory.html.

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cabinet within 90 days, an extra 45 days is allowed for a second nomination and attempt to form a government, and this could repeat again. While this process of negotiation plays out, it is extremely unlikely that Prime Minister Abadi, or any other Iraqi politician, would take the risk of changing the policy of forced repatriation and being perceived as weak, or as America’s “man in Baghdad,” especially given Tehran’s increased influence in Iraq.

46. In my conversation with former Minister of Foreign Affairs, Dr. Hoshyar Zebari, he addressed this issue, and explained:

“Before the government is formed, no minister can make an important decision on a sensitive issue like this, so we are talking about three months if it goes well. Even [Prime Minister] Abadi’s position is tenuous. Nobody can make an unpopular decision like this now… And we know that [current Minister of Foreign Affairs Ibrahim] al-Jaafari isn’t coming back as the next minister, and a new minister can’t begin with this unpopular decision.”

47. In sum, the ability of the United States to repatriate groups of Iraqi nationals who do not desire to return, much less a large number of them, is highly uncertain, and in my professional opinion unlikely to occur in the foreseeable future.

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the above statements are true and correct to the best of my knowledge, information, and belief.

Executed this 27th day of August, 2018, in Erbil, Iraq.

______Daniel Smith Erbil, Iraq

Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13468 Page 16 Curriculum of 47 Vitae

DANIEL W. SMITH Building 770, Zin City, Erbil, Iraq [email protected] ______PROFESSIONAL POSITIONS

International Refugee Assistance Project (IRAP) 2012 – Present (Security and Protection Consultant) Engaged to consult on strategic courses of action for various cases, concerning potential threat from Iraqi security forces and various sources of criminal violence to at-risk Iraqi clients in Iraq.Served from 2012-2013 as field protection coordinator for emergency cases, which included planning and executing safe evacuation of targeted LGBT youth from dangerous environments and cities, while avoiding notice of hostile families, tribes, and security forces.

Human Rights Watch 2010 - 2013 (Research Consultant and Assistant) Led or contributed to investigations into human rights abuses in Iraq, conducted field researched for and authored, or assisted in drafting, organization’s statements and reports. Advocated before Human Rights and Legal Committees in Iraqi parliament. Worked closely with a wide range of Iraqi and international NGOs and journalists in Iraq.

International Crisis Group 2009 – 2013 (Research Consultant, Iraq Logistics Coordinator) Conducted hundreds of in-depth interviews with all levels of Iraqi political and security circles in preparation of large scale reports using comprehensive field research to identify causes of violent political conflict and advance policies to prevent, mitigate or resolve conflict. Performed general long-term institutional research .

Iraq Oil Report 2010 – 2016 (Contributor) Contributed research, writing, photography, with a focus on “hard news” pertaining to politics and security, such as parliamentary politics, government formation, relations between Baghdad and the Kurdistan Region, security incidents, and interviews with high-level political officials and members of the PKK geurrilla forces.

Journalistic Freedoms Observatory (JFO) of Iraq 2009 – Present (Press Liaison, Contributor, and Member)Served as liaison between Iraqi Journalists and Members of Foreign Press, Media Advisor,, Contributor to reports on arrests of and attacks on journalists operating in Iraq, and Iraqi legislation/regulations affecting freedom of speech.

Iraqslogger.com (subscription Iraq news website for journalists, academics, embassy staff, and NGOs) 2008 – 2009 (Writer, Columnist, and Photographer) Writer, photographer, and editor for original material on Iraqi politics, security, and human rights issues, in addition to writing a daily column analysing Iraq coverage by both US and Iraqi media.

Associated Press Television News (APTN), Middle East Services, Bahrain (English) TV News 2008 (Baghdad Correspondent, Producer, and Writer) Correspondent, producer, writer of television news stories with interviews about current events related to politics, security, and human rights.

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Organization for Women’s Freedom in Iraq (OWFI) 2005 – Present (Consultant, Contributor, and Member) Retained on pro-bono basis to consult or assist in various protection and outreach efforts and intervened with Iraqi government or security figures when members, or those being protected by them, were threatened or arrested. Likewise consulted on organization’s media strategy and supplied photojournalistic research for organization’s online fundraising and periodic newspaper.

Visual K Productions (film production company in Erbil, Iraq) 2004 – Present (Producer, Consultant, Logistics Coordinator) Producer, Consultant, Logistics Coordinator, various other roles in pre-production, filming, and post-production of multiple feature films and documentaries. (Most recently, a 2017 film in Kurdish about military forces tasked with removing explosive traps left behind by ISIS, filmed with actual Peshmerga forces on location in disputed territories ISIS had just been militarily pushed from)

New Haven Advocate, Fairfield County Weekly 2004-2008 (Columnist/Free Lance Writer and Photographer) Wrote and supplied photography for original reporting over several trips to Iraq and Afghanistan, often syndicated in various other “Alternative Weeklies.” Subject matter included suicide bombings and other security incidents, interaction of US forces with Iraqi civilians and security forces, politics, violence against women, self-immolation, Abu Ghraib Prison, rehabilitation of those disabled by war, and wartime emergency medical care.

FREELANCE RESEARCH / CONSULTING

2008 - Present Custom Researcher and Consultant on Iraq-related human rights/politics/security/business issues for a variety of organizations and companies, including:

One World Research London, UK

Custom Research Service, Strategic News International, Inc Kalamazoo, MI

Dialogue Advisory Group Amsterdam, The Netherlands

Centre for Humanitarian Dialogue Geneva, Switzerland

Northern Gulf Partners New York, NY

Ergo Global Intelligence New York, NY Page 2 of 13

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Alaco, Ltd. London, UK

Consultancy or photography donated to additional human rights organizations in support of their work in Iraq, Afghanistan, and Haiti, including:

Madre (Global Women’s Rights) New York, NY

Handicap International Lyon, France

KOFAVIV Port au Prince, Haiti

______INVITED PANELS AND CONFERENCES

Featured speaker, “Iraq: The Post-American Era” January 20, 2012, New York, NY Edward R. Murrow Roundtable Series, Council on Foreign Relations

Presenter, “Human Trafficking: The Effective Measures and Procedures to Combat It” May 21 - 22, 2012, Dokan, Iraq Sponsored by Italian NGO Minerva, the International Alliance for Justice and Legal Aid Worldwide, and the Kurdistan Regional Government’s Ministry of Foreign Affairs

Judge, Coordinator, “Press Courage Freedom Awards” December 12, 2010, Baghdad, Iraq Sponsored by the Journalistic Freedoms Observatory and IREX

Participant, Mediation Conference on Ethnically-Based Political Conflict in the City of Kirkuk July 16 – 19, 2011, Amsterdam, The Netherlands Sponsored by Dialogue Advisory Group

Presenter, Media Training Conference December 14, 2008, Baghdad, Iraq Sponsored by IREX

______Page 3 of 13

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TESTIMONY

My written declarations on Iraq country conditions have been used in dozens of hearings in United States or Canadian immigration court, and have been qualified as an expert witness in Iraq country conditions and provided live testimony in U.S. immigration court proceedings on the following dates:

May 30, 2018 Hartford Immigration Court AA Ribicoff Federal Building, 450 Main St #628, Hartford, CT 06103

August 21, 2017 Eloy Immigration Court, 1705 E. Hanna Rd, Eloy, AZ 85131

September 12, 2016 Arlington Immigration Court 1901 S. Bell St. #200, Arlington, VA 22202

December 8, 2015 Arlington Immigration Court 1901 S. Bell St. #200, Arlington, VA 22202

______HUMAN RIGHTS PUBLICATIONS: (Primary Author)

Iraqi Kurdistan: Law Banning FGM Not Being Enforced, Human Rights Watch (HRW), August 29, 2012, https://www.hrw.org/news/2012/08/29/iraqi-kurdistan-law-banning-fgm-not-being-enforced.

Iraqi Kurdistan: ‘Insulting’ Religion Bill Threatens Free Speech, HRW, June 22, 2012, https://www.hrw.org/news/2012/06/22/iraqi-kurdistan-insulting-religion-bill-threatens-free-speechh.

Iraq: Mass Arrests, Incommunicado Detentions, HRW, May 15, 2012, https://www.hrw.org/news/2012/05/15/iraq-mass-arrests-incommunicado-detentions.

Iraq: Investigate Death of VP’s Bodyguard in Custody, HRW, March 23, 2012 https://www.hrw.org/news/2012/03/23/iraq-investigate-death-vps-bodyguard-custody.

Iraq: Intimidation at Anniversary Protests, HRW, March 1, 2012, https://www.hrw.org/news/2012/03/01/iraq-intimidation-anniversary-protests.

Iraq: 65 Executions in First 40 Days of 2012, HRW, February 9, 2012, https://www.hrw.org/news/2012/02/09/iraq-65-executions-first-40-days-2012.

Iran/Turkey: Recent Attacks on Civilians in Iraqi Kurdistan, HRW, December 20, 2011,

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Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13472 Page 20 of 47 Daniel W. Smith, CV https://www.hrw.org/news/2011/12/20/iran/turkey-recent-attacks-civilians-iraqi-kurdistan.

Iraq: Radio Personality Shot Dead, HRW, September 9, 2011, https://www.hrw.org/news/2011/09/09/iraq-radio-personality-shot-dead.

Iraqi Kurdistan: Cross-Border Attacks Should Spare Iraqi Civilians, HRW, September 2, 2011, https://www.hrw.org/news/2011/09/02/iraqi-kurdistan-cross-border-attacks-should-spare-iraqi-civilians.

Iraq: Attacks by Government-Backed Thugs Chill Protests, June 30, 2011, https://www.hrw.org/news/2011/06/30/iraq-attacks-government-backed-thugs-chill-protests.

______HUMAN RIGHTS PUBLICATIONS: (Contributed To)

Iraq: Crackdown on Baghdad Protests, HRW, August 20, 2013, https://www.hrw.org/news/2013/08/20/iraq-crackdown-baghdad-protests.

Iraq: Abusive Commander Linked to Mosul Killings, HRW, June 11, 2013, https://www.hrw.org/news/2013/06/11/iraq-abusive-commander-linked-mosul-killings.

Iraq: Investigate Fatal Police Shootings in Mosul, HRW, March 15, 2013, https://www.hrw.org/news/2013/03/15/iraq-investigate-fatal-police-shootings-mosul.

Iraq: Investigate Deadly Army Shootings in Fallujah, HRW, February 13, 2013, https://www.hrw.org/news/2013/02/13/iraq-investigate-deadly-army-shootings-fallujah.

Iraqi Kurdistan: Free Speech Under Attack, HRW, February 9, 2013, https://www.hrw.org/news/2013/02/09/iraqi-kurdistan-free-speech-under-attack.

Iraqi Kurdistan: Journalist Gets Two Years in Prison, HRW, October 14, 2012, https://www.hrw.org/news/2012/10/14/iraqi-kurdistan-journalist-gets-two-years-prison.

Iraq: Urgent Need for Death Penalty Moratorium, HRW, October 10, 2012, https://www.hrw.org/news/2012/10/10/iraq-urgent-need-death-penalty-moratorium.

Syria Neighbors: Keep Borders Open for Refugees, HRW, August 29, 2012, https://www.hrw.org/news/2012/08/29/syria-neighbors-keep-borders-open-refugees.

Iraq: Cybercrimes Law Violates Free Speech, HRW, July 12, 2012, https://www.hrw.org/news/2012/07/11/iraq-cybercrimes-law-violates-free-speech.

Iraq: Investigate ‘Emo’ Attacks, HRW, March 16, 2012, https://www.hrw.org/news/2012/03/16/iraq-investigate-emo-attacks.

Page 5 of 13

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Iraq: Intensifying Crackdown on Free Speech, Protests, HRW, January 12, 2012, https://www.hrw.org/news/2012/01/22/iraq-intensifying-crackdown-free-speech-protests.

Iraqi Kurdistan: Law Banning FGM a Positive Step, HRW, July 25, 2011, https://www.hrw.org/news/2011/07/25/iraqi-kurdistan-law-banning-fgm-positive-step.

Iraq: Protest Organizers Beaten, Detained, HRW, June 2, 2011, https://www.hrw.org/news/2011/06/02/iraq-protest-organizers-beaten-detained.

Iraq: Widening Crackdown on Protests, HRW, April 21, 2011, https://www.hrw.org/news/2011/04/21/iraq-widening-crackdown-protests.

Iraq: Closing Torture Prison Won't End Abuse, HRW, March 31, 2011, https://www.hrw.org/news/2011/03/31/iraq-closing-torture-prison-wont-end-abuse.

Iraq: Security Forces Raid Press Freedom Group, HRW, February 26, 2011, https://www.hrw.org/news/2011/02/26/iraq-security-forces-raid-press-freedom-group.

Iraq: Open Immediate Inquiry Into Protester Deaths, HRW, February 24, 2011, https://www.hrw.org/news/2011/02/24/iraq-police-allow-gangs-attack-protesters.

Iraq: Investigate Protester Deaths, HRW, February 17, 2011, https://www.hrw.org/news/2011/02/17/iraq-investigate-protester-deaths.

Iraq: Secret Jail Uncovered in Baghdad, HRW, February 1, 2011, https://www.hrw.org/news/2011/02/01/iraq-secret-jail-uncovered-baghdad.

Iraq: Stop Blocking Demonstrations, HRW, September 17, 2010, https://www.hrw.org/news/2010/09/17/iraq-stop-blocking-demonstrations.

Iran/Iraq: Iranian Attacks Should Not Target Iraqi Civilians, HRW, July 12, 2010, https://www.hrw.org/news/2010/07/12/iran/iraq-iranian-attacks-should-not-target-iraqi-civilians.

______SCHOLARLY PUBLICATIONS: (Contributed Field Research or Writing To)

Make or Break: Iraq’s Sunnis and the State, International Crisis Group (ICG), August 14, 2013, https://www.crisisgroup.org/middle-east-north-africa/gulf-and-arabian-peninsula/iraq/make-or-break-iraq-s- sunnis-and-state.

Iraq’s Secular Opposition: The Rise and Decline of Al-Iraqiya, ICG, July 31, 2012, https://www.crisisgroup.org/middle-east-north-africa/gulf-and-arabian-peninsula/iraq/iraq-s-secular-opposition- rise-and-decline-al-iraqiya.

Déjà Vu All Over Again: Iraq’s Escalating Political Crisis, ICG, July 30, 2012,

Page 6 of 13

Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13474 Page 22 of 47 Daniel W. Smith, CV https://www.crisisgroup.org/middle-east-north-africa/gulf-and-arabian-peninsula/iraq/deja-vu-all-over-again- iraq-s-escalating-political-crisis.

Iraq and the Kurds: The High-Stakes Hydrocarbons Gambit, ICG, April 19, 2012, https://www.crisisgroup.org/middle-east-north-africa/gulf-and-arabian-peninsula/iraq/iraq-and-kurds-high- stakes-hydrocarbons-gambit.

Failing Oversight: Iraq’s Unchecked Government, ICG, September 26, 2011, https://www.crisisgroup.org/middle-east-north-africa/gulf-and-arabian-peninsula/iraq/failing-oversight-iraq-s- unchecked-government.

Iraq and the Kurds: Confronting Withdrawal Fears, ICG, March 28, 2011, https://www.crisisgroup.org/middle-east-north-africa/gulf-and-arabian-peninsula/iraq/iraq-and-kurds- confronting-withdrawal-fears.

Loose Ends: Iraq’s Security Forces between U.S. Drawdown and Withdrawal, ICG, October 26, 2010, https://www.crisisgroup.org/middle-east-north-africa/gulf-and-arabian-peninsula/iraq/loose-ends-iraq-s- security-forces-between-us-drawdown-and-withdrawal.

Iraq’s Uncertain Future: Elections and Beyond, ICG, February 25, 2010, https://www.crisisgroup.org/middle-east-north-africa/gulf-and-arabian-peninsula/iraq/iraq-s-uncertain-future- elections-and-beyond.

Iraq’s New Battlefront: The Struggle over Ninewa, ICG, September 28, 2009, https://www.crisisgroup.org/middle-east-north-africa/gulf-and-arabian-peninsula/iraq/iraq-s-new-battlefront- struggle-over-ninewa.

Iraq and the Kurds: Trouble Along the Trigger Line, ICG, July 8, 2009, https://www.crisisgroup.org/middle-east-north-africa/gulf-and-arabian-peninsula/iraq/iraq-and-kurds-trouble- along-trigger-line.

“Warzone Dispatches” published in Stories From the Other Side – Thematic Memoirs, Edited by Francis Edward Crowley, PhD, Pearson Publishing, 2009 ISBN-10: 0558209076

______MEDIA PUBLICATIONS:

Q&A: PKK spokesperson Zagros Hiwa, Iraq Oil Report (IOR), August 9, 2015, https://www.iraqoilreport.com/news/qa-pkk-spokesperson-zagros-hiwa-16060/.

Pipeline sabotage halts Turkey exports, IOR, July 29, 2015, https://www.iraqoilreport.com/news/pipeline-sabotage-halts-turkey-exports-15456/.

Kurdistan budget payment imminent, IOR, February 11, 2015,

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Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13475 Page 23 of 47 Daniel W. Smith, CV https://www.iraqoilreport.com/news/kurdistan-budget-payment-imminent-14080/.

Budget including deficit, KRG deal sent to Parliament, IOR, December 24, 2014, https://www.iraqoilreport.com/news/budget-including-deficit-krg-deal-sent-parliament-13825/.

Q&A: Finance Minister Hoshyar Zebar, IOR, December 4, 2014, https://www.iraqoilreport.com/news/qa-finance-minister-hoshyar-zebari-13747/.

Bomb hits Iraqi Kurdish capital, IOR, November 19, 2014, https://www.iraqoilreport.com/news/bomb-hits-erbil-13659/.

Kurds to join Cabinet despite deadlock, IOR, October 14, 2014, https://www.iraqoilreport.com/news/kurds-join-cabinet-despite-deadlock-13516/.

Abadi forms government, Abdulmahdi becomes Oil Minister, IOR, September 8, 2014, https://www.iraqoilreport.com/news/abdulmahdi-becomes-oil-minister-tenuous-new-government-13312/.

Military ceremony marks the beginning of the unknown, IOR, December 3, 2011, https://www.iraqoilreport.com/news/military-ceremony-marks-the-beginning-of-the-unknown-6830/.

Shell gets its gas deal, IOR, November 27, 2011, https://www.iraqoilreport.com/news/shell-gets-its-gas-deal-6739/.

Return of the kingmaker, IOR, January 5, 2011, https://www.iraqoilreport.com/news/sadr-returns-to-iraq-5260/.

Courting foreign business, IOR, December 9, 2010, https://www.iraqoilreport.com/news/courting-foreign-business-5204/.

Iraqis Stay Silent on Protests in Iran, Washington Times, July 9, 2009, https://www.highbeam.com/doc/1G1-203289693.html.

Ninewa: Claims of Assault, Torture by Soldiers, Iraqslogger, June 27, 2009, http://iraqslogger.powweb.com/index.php/post/7817/Ninewa_Claims_of_Assault_Torture_by_Soldiers.

Sadr City Market Explosion Kills Over 70, Iraqslogger, June 24, 2009, http://iraqslogger.powweb.com/index.php/post/7813/Sadr_City_Market_Explosion_Kills_Over_70.

Arabic Language Barred in Bashiqa Schools, Iraqslogger, June 20, 2009, http://iraqslogger.powweb.com/index.php/post/7800/Arabic_Language_Barred_in_Bashiqa_Schools.

MOI: Obaidi Investigation “Difficulties”, Iraqslogger, June 15, 2009, http://iraqslogger.powweb.com/index.php/post/7779/MOI_Obaidi_Investigation_ldquoDifficulties.

Gunfire Between Pesh Merga and Al-Hadba Guards, Iraqslogger, June 12, 2009, http://iraqslogger.powweb.com/index.php/post/7771/Gunfire_Between_Pesh_Merga_and_Al-Hadba_Guards. Page 8 of 13

Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13476 Page 24 of 47 Daniel W. Smith, CV

Release of Insurgents Fuels Sadr City Rumors, Iraqslogger, June 12, 2009, http://iraqslogger.powweb.com/index.php/post/7770/Release_of_Insurgents_Fuels_Sadr_City_Rumors.

“Iranian” Would-Be Bomber Thwarted, Iraqslogger, June 4, 2009, http://iraqslogger.powweb.com/index.php/post/7741/ldquoIranianrdquo_Would-Be_Bomber_Thwarted_.

Sadr City Council Head Threatens to Cut US Ties, Iraqslogger, June 3, 2009, http://iraqslogger.powweb.com/index.php/post/7731/Sadr_City_Council_Head_Threatens_to_Cut_US_Ties.

PKK Extends Unilateral Ceasefire, Iraqslogger, June 3, 2009, http://iraqslogger.powweb.com/index.php/post/7732/PKK_Extends_Unilateral_Cease-Fire_.

New Islamic Party Leader Osama al-Tikriti, Iraqslogger, June, 2, 2009, http://iraqslogger.powweb.com/index.php/post/7726/New_Iraqi_Islamic_Party_Leader_Osama_al-Tikriti.

Sinjar Clashes Leave Five Wounded, Iraqslogger, June 1, 2009, http://iraqslogger.powweb.com/index.php/post/7723/Sinjar_Clashes_Leave_Five_Wounded.

Copycat Killings Among Violence Against Women, Iraqslogger, May 30, 2009, http://iraqslogger.powweb.com/index.php/post/7717/Copycat_Killings_Among_Violence_Against_Women.

Othman to Najaifi: “Don’t Interfere”, Iraqslogger, May 30, 2009, http://iraqslogger.powweb.com/index.php/post/7716/Othman_to_Najafi_ldquoDonrsquot_Interfere.

Sadr City Rumor: Secret Iran/US Deal, Iraqslogger, May 30, 2009, http://iraqslogger.powweb.com/index.php/post/7714/Sadr_City_Rumor_Secret_IranUS_Deal.

Chalabi on Bing Sued by US Intelligence, Iraqslogger, April 24, 2009, http://iraqslogger.powweb.com/index.php/post/7686/Chalabi_on_Being_Sued_By_Iraqi_Intelligence.

Evidence Removed in Possible Case of Corruption, Iraqslogger, April 23, 2009, http://iraqslogger.powweb.com/index.php/post/7685/Evidence_Removed_in_Possible_Case_of_Corruption.

Usama al-Najafi’s Demands of Ninewa Kurds, Iraqslogger, April 21, 2009, http://iraqslogger.powweb.com/index.php/post/7673/Usama_al-Najafis_Demands_of_Ninewa_Kurds.

Basra: IEDs, Arrests, Market Fire, Iraqslogger, April 17, 2009, http://iraqslogger.powweb.com/index.php/post/7653/Basra_IEDs_Arrests_Market_Fire.

Mosul: US Helicopter Hit by “Anti-Aircraft IED”, Iraqslogger, May 19, 2009, http://iraqslogger.powweb.com/index.php/post/7663/Mosul_US_Helicopter_Hit_By_Anti-Aircraft_IED.

Governor al-Najafi Barred Entry by Pesh Merga, Iraqslogger, May 11, 2009, http://iraqslogger.powweb.com/index.php/post/7624/Governor_al-Najafi_Barred_Entry_by_Pesh_Merga.

Page 9 of 13

Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13477 Page 25 of 47 Daniel W. Smith, CV

Difficulties for Baghdad’s Traffic Police, Iraqslogger, May 5, 2009, http://iraqslogger.powweb.com/index.php/post/7621/Difficulties_For_Baghdads_Traffic_Police.

World Press Freedoms Day For Those Without, Iraqslogger, May 4, 2009, http://iraqslogger.powweb.com/index.php/post/7596/World__Press_Freedoms_Day_For_Those_Without_.

Another Sabian Goldsmith Killed in Baghdad, Iraqslogger, April 25, 2009, http://iraqslogger.powweb.com/index.php/post/7563/Another_Sabian_Goldsmith_Killed_in_Baghdad.

Government Braces for More Suicide Bombings, Iraqslogger, April 24, 2009, http://iraqslogger.powweb.com/index.php/post/7559/Government_Braces_for_More_Suicide_Bombings.

Gay Debate Overtakes Sadr City Council Meeting, Iraqslogger, April 23, 2009, http://iraqslogger.powweb.com/index.php/post/7552/Gay_Debate_Overtakes_Sadr_City_Council_Meeting.

Najafi Shores Up Support Among Arabs, Yazidis, Iraqslogger, April 22, 2009, http://iraqslogger.powweb.com/index.php/post/7550/Najafi_Shores_Up_Support_Among_Arabs_Yazadis.

Al-Samarraie Voted in After Months of Intrigue, Iraqslogger, April 20, 2009, http://iraqslogger.powweb.com/index.php/post/7534/Al-Samarraie_Voted_In_After_Months_of_Intrigue.

Words of the Sahwa, Iraqslogger, April 16, 2009, http://iraqslogger.powweb.com/index.php/post/7501/Words_of_the_Sahwa_1.

Al-Mutlak: “There is no Political Alliance”, Iraqslogger, March 23, 2009, http://iraqslogger.powweb.com/index.php/post/7384/Al-Mutlak_There_is_No_Political_Alliance.

MP Boycotts State-Run Television, Iraqslogger, February 10, 2009, http://iraqslogger.powweb.com/index.php/post/7170/MP_Boycotts_State-Run_Television.

Iraq Army Out, Pesh Merga In?, Iraqslogger, February 9, 2009, http://iraqslogger.powweb.com/index.php/post/7158/Mosul_Buzz_Iraqi_Army_Out_Pesh_Merga_In.

Atta on Ballot Box Security, Iraqslogger, February 8, 2009, http://iraqslogger.powweb.com/index.php/post/7147/Atta_on_Ballot_Box_Security.

Al-Mutlak Threatens Strike, Violence, Iraqslogger, February 6, 2009, http://iraqslogger.powweb.com/index.php/post/7134/Al-Mutlak_Threatens_Ramadi_Strike_Violence.

Parliament Walk-Out to Avoid Speaker Vote, Iraqslogger, February 5, 2009, http://iraqslogger.powweb.com/index.php/post/7133/Parliament_Walk-Out_to_Avoid_Speaker_Vote.

Sadrists Dispute Government Claims About Raid, Iraqslogger, February 5, 2009, http://iraqslogger.powweb.com/index.php/post/7130/Sadrists_Dispute_Governments_Claims_About_Raid.

Allegations of Media Detentions, Harrassment, Iraqslogger, February 2, 2009, Page 10 of 13

Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13478 Page 26 of 47 Daniel W. Smith, CV http://iraqslogger.powweb.com/index.php/post/7102/Allegations_of_Media_Detentions_Harassment.

Voters in Sadr City Voice Support for Maliki, Iraqslogger, February 1, 2009, http://iraqslogger.powweb.com/index.php/post/7096/Voters_in_Sadr_City_Voice_Support__For_Maliki.

Turnout Improved After Curfew Lifted Early, Iraqslogger, February 1, 2009, http://iraqslogger.powweb.com/index.php/post/7094/Turnout_Improved_After_Curfew_Lifted_Early.

Blackwater Allowed to Operate “For Now”, Iraqslogger, January 30, 2009, http://iraqslogger.powweb.com/index.php/post/7085/Blackwater_Allowed_to_Operate_For_Now.

Communists Arrested for Handing Out Literature, Iraqslogger, January 30, 2009, http://iraqslogger.powweb.com/index.php/post/7087/Communists_Arrested_For_Handing_Out_Literature.

Maliki Still Courting Tribes, Iraqslogger, January 29, 2009, http://iraqslogger.powweb.com/index.php/post/7073/Photo_of_the_Day_Maliki_Still_Courting_Tribes.

SOI Seen Handing Out Campaign Material, Iraqslogger, January 29, 2009, http://iraqslogger.powweb.com/index.php/post/7077/Police_SOI_Seen_Distributing_Campaign_Material.

Sadrists Back Two Independent Parties, Iraqslogger, January 28, 2009, http://iraqslogger.powweb.com/index.php/post/7074/Sadrists_Back_Two_Independent_Parties.

Females Defy Objections to Appearing on Posters, Iraqslogger, January 22, 2009, http://iraqslogger.powweb.com/index.php/post/7043/Females_Defy_Objections_To_Appearing_On_Posters.

Parliament Speaker Vote Delayed until February, Iraqslogger, January 19, 2009, http://iraqslogger.powweb.com/index.php/post/7008/Parliament_Speaker_Vote_Delayed_Until_February.

A Female Parliament Speaker?, Iraqslogger, January 18, 2009, http://iraqslogger.powweb.com/index.php/post/7003/A_Female_Parliament_Speaker.

Iraqi Policeman Describes Blackwater Incident, Iraqslogger, January 9, 2009, http://iraqslogger.powweb.com/index.php/post/6967/Iraqi_Policeman_Describes_Blackwater_Incident.

Security Forces Fire at MP’s Vehicle in Ninewa, Iraqslogger, January 8, 2009, http://iraqslogger.powweb.com/index.php/post/6962/Security_Forces_Fire_at_MPs_Vehicle_in_Ninewa.

Women banned from al-Kadhimiya, Iraqslogger, January 6, 2009, http://iraqslogger.powweb.com/index.php/post/6948/Women_Banned_From_al-Kadhimiya.

Al-Maliki Tries to Curb Behavior of VIP Convoys, Iraqslogger, December 30, 2008, http://iraqslogger.powweb.com/index.php/post/6918/Al-Maliki_Tries_to_Curb_Behavior_of_VIP_Convoys.

Shabak Lawmaker Makes Claims Against MOI, Kurds, Iraqslogger, December 30, 2008, http://iraqslogger.powweb.com/index.php/post/6917/Shabak_Lawmaker_Makes_Claims_Against_MOI_Kurds. Page 11 of 13

Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13479 Page 27 of 47 Daniel W. Smith, CV

Two Incidents of US Military-Caused Deaths, Iraqslogger, December 21, 2008, http://iraqslogger.powweb.com/index.php/post/6878/Two_Incidents_of_US_Military-Caused_Deaths.

Brutal Killing of Kirkuk Women’s Rights Worker, Iraqslogger, December 21, 2008, http://iraqslogger.powweb.com/index.php/post/6876/Brutal_Killing_of_Kirkuk_Womens_Rights_Worker.

Reaction to UNAMI Human Rights Report, Iraqslogger, December 10, 2008, http://iraqslogger.powweb.com/index.php/post/6814/Reaction_to_UNAMI_Human_Rights_Report.

An Eid Sacrifice for the Poor, Iraqslogger, December 14, 2008, http://iraqslogger.powweb.com/index.php/post/6807/An_Eid_Sacrifice_For_The_Poor.

Signs of Elections Start to Appear, Iraqslogger, December 9, 2008, http://iraqslogger.powweb.com/index.php/post/6805/Signs_of_Elections_Start_to_Appear.

PKK Nine-Day Unilateral Ceasefire With Turkey, Iraqslogger, December 8, 2008, http://iraqslogger.powweb.com/index.php/post/6799/PKK_Nine-Day_Unilateral_Ceasefire_With_Turkey.

High Security at Turkish Embassy Causes Rumors, Iraqslogger, December 7, 2008, http://iraqslogger.powweb.com/index.php/post/6791/High_Security_at_Turkish_Embassy_Causes_Rumors.

Curfew Imposed After Twin Bombing, Iraqslogger, December 4, 2008, http://iraqslogger.powweb.com/index.php/post/6781/Curfew_Imposed_After_Twin-Bombing_in_Fallujah.

Presidency Council Approves SOFA, Iraqslogger, December 4, 2008, http://iraqslogger.powweb.com/index.php/post/6780/Presidency_Council_Approves_SOFA.

Shift in UNICEF Effort in Iraq, Iraqslogger, December 4, 2008, http://iraqslogger.powweb.com/index.php/post/6778/Shift_in_UNICEF_Effort_in_Iraq.

Chemical Ali Gets Second Death Sentence, Iraqslogger, December 2, 2008, http://iraqslogger.powweb.com/index.php/post/6762/Chemical_Ali_Gets_Second_Death-Sentence.

KRG Response to Accusations by Maliki, Iraqslogger, December 1, 2008, http://iraqslogger.powweb.com/index.php/post/6759/KRG_Response_To_Accusations_by_Maliki.

Iraq, Iran Exchange Remains of War Dead, Iraqslogger, November 30, 2008, http://iraqslogger.powweb.com/index.php/post/6752/Iraq_Iran_Exchange_Remains_of_War_Dead.

In Diyala, 3 Brothers Killed, 4th Arrested, Iraqslogger, November 27, 2008, http://iraqslogger.powweb.com/index.php/post/6741/In_Diyala_3_Brothers_Killed_4th_Arrested.

Parliament Passes Security Agreement, Iraqslogger, November 27, 2008, http://iraqslogger.powweb.com/index.php/post/6739/Parliament_Passes_Security_Agreement.

Page 12 of 13

Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13480 Page 28 of 47 Daniel W. Smith, CV

Last-Minute SOFA Holdouts/Intrigue, Iraqslogger, November 25, 2008, http://iraqslogger.powweb.com/index.php/post/6733/Last-Minute_SOFA_HoldoutsIntrigue.

Interview: Mithal al-Alusi, Iraqslogger, November 24, 2008, http://iraqslogger.powweb.com/index.php/post/6724/Interview_Mithal_al-Alusi.

Mass Sadr Demonstration at Firdos Square, Iraqslogger, November 21, 2008, http://iraqslogger.powweb.com/index.php/post/6706/Mass_Sadr_Demonstration_at_Firdos_Square.

Review of a Concert in Baghdad, Iraqslogger, November 2, 2008, http://iraqslogger.powweb.com/index.php/post/6580/Review_of_a_Concert_in_Baghdad.

Sunni Bloc Still at Odds With US Over Killing, Iraqslogger, 2, 2008, http://iraqslogger.powweb.com/index.php/post/6582/Sunni_Bloc_Still_at_Odds_With_US_Over_Killing.

Interview With Ahmed Chalabi, Iraqslogger, October 31, 2008, http://iraqslogger.powweb.com/index.php/post/6574/Interview_With_Ahmed_Chalabi.

Minorities in Parliament / Christian Persecution, Iraqslogger, October 28, 2008 http://iraqslogger.powweb.com/index.php/post/6552/Minorities_in_ParliamentChristian_Persecution.

Photos: October 18 Demonstration, Iraqslogger, October 18, 2008, http://iraqslogger.powweb.com/index.php/post/6499/Photos_October_18_Demonstration.

Page 13 of 13

Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13481 Page 29 of 47

EXHIBIT A Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13482 Page 30 of 47 MINISTRY OF FORE IGN AFFAI RS a r;,J I..... __ :i~tl 6Jljg - lo __,. __ _

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i Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13484 Page 32 of 47

EXHIBIT B Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13485 Page 33 of 47

Ministry of Foreign Affa irs

Consular Department

#: 6/4/h 13351

Date: 3/25/2018

To all our political and consular missions abroad

Kindly take notice and the necessary action to coord inate with those countries to reduce this serious phenomenon that affects Iraqis abroad.

Attachments:

Letter

Ambassador:

Dr. Ahmed Nayef Rashid Al Dulaimi

Head of the Consular Department

[Signed] [Official stamp: Republic of Iraq, Ministry of Foreign Affairs]

3/25/2018

[email protected] www.mofa.gov.iq +(964) 537 299 1-9/ext: 2275 - 2277 Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13486 Page 34 of 47

[Ministry of Foreign Affairs letter head] # (D/ SH/ H/ 773) Date: 3/8/2018

[Stamp : Outbound mail #365, Date : 3/15]

[Stamp : Minister of Migration and Displaced, Administrative and Financial Section, Outbound and Inbound Division, Outbound mail / / 201 ]

Very urgent

To: Ministry of Foreign Affairs/Office of the Minister

Subject / Forced return of the Iraqi refugees

Greetings,

Kindly inform all our missions to coordinate with those countries to reduce this serious phenomenon that affects Iraqis abroad.

Kindly take notice ... and all the action needed in this regard and inform us of your decision.

Sincerely,

Dr. Jassim Mohamed Mohamed Ali

Minister of Migration and Displaced

(Signed)

I I 2018

Office of the Minister, to kindly review and take notice. Office of the Director General/competent department. Department of Foreign Migration Department, to follow.

[Illegible footer]

- Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13487 Page 35 GENEY of 47 0 R L 0 I

CERTIFICATE OF ACCURACY

STATE OF NEW YORK SS: COUNTY OF NEW YORK

STATE OF NEW YORK } dated County of Suffolk ss:

256 W. 38th Street 10th Floor, New York, NV 10018 ■ PH: 212-255-8400 ■ FAX: 212-255-8409 www.genevaworldwide.com Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13488 Page 36 GENEY of 47 \~l O R L D Vv' I D

CERTIFICATE OF ACCURACY

STATE OF NEW YORK SS: COUNTY OF NEW YORK

Regarding: 1. Letter from Minister of Migration and Displaced, #(D/SH/H/773 ), dated 3/8/2018 2. Letter from Head of the Consular Department dated 3/25/2018

This certificate issued by Geneva Worldwide, Inc. 256 West 38th Street- 10th Floor, New York N.Y. 10018.

Certified By ____ J__,_-.,,,,...,,i=AJ~"~ ~~-+------

Christina S. Santiago Sworn to and subscribed before me NOTARY PUBLIC, STATE OF NEW YORK Qualified in Suffolk County O1SA6361307 This 2~t\..l day of }V\~ 201i_ commission Expires 07/03/201:J

~/2.,~NotaryP~

256 W. 38th Street 10th Floor, New York, NY 10018 ■ PH: 212-255-8400 ■ FAX: 212-255-8409 www.genevaworldwide.com Case 2:17-cv-11910-MAG-DRG ECF No. 473-68 filed 11/01/18 PageID.13489 Page 37 of 47

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EXHIBIT 9 Case 2:17-cv-11910-MAG-DRG ECF No. 473-69 filed 11/01/18 PageID.13501 Page 2 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

USAMA JAMIL HAMAMA, et al., Petitioners/Plaintiffs, Case No. 2:17-cv-11910 Hon. Mark A. Goldsmith v. Mag. David R. Grand REBECCA ADDUCCI, et al., Class Action Respondents/Defendants.

DECLARATION OF PERLA GONZALEZ

I, Perla Gonzalez, make the following declaration based on my personal knowledge:

1. I am a legal assistant at the ACLU Foundation of San Diego & Imperial Counties. 2. On August 17, 2018, I spoke by phone with U.S. Immigration and Customs Enforcement Deportation Officer Roderick Kitchens. We spoke about Mr. Nouzat Habib Hanna, A#XXX-XXX-451, an individual detained at the Otay Mesa Detention Center in San Diego, CA. Mr. Hanna had authorized me to discuss his situation with ICE officials. 3. During our phone call, I inquired about ICE's future travel plans for Mr. Hanna, who wants to be deported to Iraq. Mr. Hanna had previously told me that he was scheduled for a flight to Iraq on July 31, 2018, but that on that day he had not been removed. 4. Mr. Kitchens explained to me that on July 31, Mr. Hanna was taken from the Otay Mesa Detention Center to downtown San Diego, in preparation for his flight. However, Mr. Hanna's flight was cancelled because the local ICE travel Case 2:17-cv-11910-MAG-DRG ECF No. 473-69 filed 11/01/18 PageID.13502 Page 3 of 3

unit had received notice that their clearance to fly through Turkey had been denied. Mr. Hanna remains detained at Otey Mesa, awaiting new travel plans. 5. Mr. Kitchens mentioned that ICE's normal practice is to schedule a new flight within a period of 30 days, after one has been canceled, and that Mr. Hanna was supposed to have a new flight scheduled for some time at the end of September. However, he told me, the removal date has been pushed back to an unknown date in October, apparently due to several denied clearances from various unspecified countries. Mr. Kitchens did not have a precise date when Mr. Hanna will be allowed to fly back, but he told me that he has been told it would be some time in October.

I declare under the penalty of perjury pursuant to 28 U.S.C. § 1746 that the foregoing Declaration is true and correct.

Executed this 17th day of August, 2018, in San Diego, California.

Dated: August 17, 2018 ACLU FOUNDATION OF SAN DIEGO & IMPERIAL COUNTIES

Legal Assistant Case 2:17-cv-11910-MAG-DRG ECF No. 473-70 filed 11/01/18 PageID.13503 Page 1 of 5

EXHIBIT 10 Redacted per Court's Order ECF 338 Case 2:17-cv-11910-MAG-DRG ECF No. 473-70 filed 11/01/18 PageID.13504 Page 2 of 5

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

USAMA JAMIL HAMAMA, et al., Case No. 2:17-cv-11910 Plaintiffs/Petitioners, Hon. Mark A. Goldsmith Mag. David R. Grand V. REBECCA ADDUCCI, et al., Defendants/Res ondents. Class Action

DECLARATION OF EDWARD AMIR BAJOKA

I, Edward Amir Bajoka, make this statement under the penalties of perjury of the laws of the United States and if called to testify I could and would do so competently based upon my personal knowledge as follows:

1. I am an attorney in good standing licensed to practice in the State of Michigan. I have been practicing law for over ten years. My primary areas of practice are criminal defense and immigration, particularly removal defense. I would estimate that I have handled dozens of immigration cases, including dozens of immigration bond hearings, in my career to date.

2. I currently represent multiple individuals who are members of the Hamama class. Many of those individuals are currently in DHS custody. I have represented sixteen of the Hamama class members at bond hearings that were conducted pursuant to this Court's Preliminary Injunction dated January 2, 2018.

3. In most, if not all of these bond hearings, ICE Counsel has successfully introduced as exhibits the declaration of Michael V. Bemacke, and two declarations from John A. Schultz.

4. The declaration of Michael Bemacke was used to make the point that Iraq is willing and able to issue travel documents to members of the class who are detained, and that the only impediment was the stay issued in the Hamama case.

5. The declarations of John A. Schultz were used by ICE Counsel to point to the idea that there was an orderly, organized, simple process to go about getting a travel document from Iraq. The insinuation by ICE Counsel was that it would be an easy, simple process to obtain travel documents for my client once a removal Order was final. 1 Case 2:17-cv-11910-MAG-DRG ECF No. 473-70 filed 11/01/18 PageID.13505 Page 3 of 5

6. In most of the Hamama bond hearings I handled where cases had not yet been reopened, ICE attorneys argued, based on the declarations, that travel documents were ready to be issued for the individual, and that removal was imminent, but for the Hamama stay.

7. In every single one of the Hamama bond hearings, regardless of the procedural posture of the individual case, ICE Counsel argued that my client was both a danger to the community and a flight risk. They argued danger in cases where the Respondent had not committed a crime in decades. They argued flight risk even in the case of a wheelchair bound man in his 60s. This was a successful argument in many cases, even those in which there was no finding of danger to the community. Many individuals that I am aware of were given bonds as high as $100,000.00, based on their perceived risk of flight. The declarations of Bernanke and Schultz were used to bolster the flight risk argument.

8. One of my clients is Steve Salman. Mr. Salman first arrived in this country in 2002 as an asylee from Iraq. Steve was fourteen years old when he arrived in the U.S. with his family. He had lived the majority of his adolescence as a refugee. He and his family escaped violence and persecution in Iraq.

9. Steve has ~daughter. She is a U.S. Citizen by birth. His mother and all his sib~itizens. His father is a lawful permanent resident.

10. Mr. Salman was ordered removed in 2008 following a conviction for Possession with Intent to Deliver Marijuana. The total amount of marijuana, weighed with the packaging was 27 grams. The Board of Immigration Appeals has found that under 30 grams is an amount for personal use. Despite his order of removal, Steve was released from ICE custody pursuant to an order of supervision with which he complied for 9 years.

11. Until July, 2017, Steve was gainfully employed at a restaurant in the San Diego, California area, a job he had held for around two years.

12. Mr. Salman had an individ~al merits hearing on January 10, 2018. On January 30, 2018, the Judge ruled that his asylum status should be reinstated.

13. ICE Counsel had not indicated whether or not they were waiving their right to appeal, and the Mr. Salman remained detained.

2 Case 2:17-cv-11910-MAG-DRG ECF No. 473-70 filed 11/01/18 PageID.13506 Page 4 of 5

14. On February 5, 2018, a few days after receiving the news of the victory, Mr. Salman had his Hamama bond hearing. Despite his ruling in favor of Mr. Salman with regard to his asylum claim, the Judge found that he was not eligible for bond because he was a danger to the community based on drinking and driving charges in his past.

15. ICE Counsel waited until the final day of their 30 day appeal period to actually file their appeal of the restoration of his asylum status.

16. Ultimately, the matter was decided in Mr. Salman's favor by the Board of Immigration Appeals, which affirmed the immigration judge's decision that Mr. Salman's asylee status should be reinstated. Significantly, Mr. Salman had been detained for approximately one year before he was finally released. He was detained for greater than six months AFTER he had his asylum status reinstated by the Immigration Judge while he waited out the appeal process.

17. The period of detention was very hard on both Mr. Salman and his family. He missed milestones in his daughter's life. His family was uncertain whether the appeal would be successful or not, which wore on them heavily. Steve was placed in solitary confinement for a period of time after he allegedly called a guard a racist.

18. Steve was confined in the Calhoun County Jail. This is approximately a two and half hour drive from my offices in Metro Detroit. As such, a visit to the jail to gather necessary information and signatures takes up an entire work day. Steve was only allowed to use the phone at certain times. If I was unable to answer my phone during that time, we simply would not communicate. This was very frustrating for Steve and myself. It took a toll on our attorney-client relationship.

19. It is also standard practice that ICE re-detain an individual just prior to his or her removal, once travel documents are obtained. I have seen this happen in the case of many of my clients and other people. This is typical in cases where a travel document might be difficult to obtain for whatever reason. I am aware of no reason why ICE could not do the same thing here, releasing the Hamama class members on orders of supervision and re-detaining them if and when ICE is able to obtain travel documents from Iraq.

I declare under penalty of perjury, pursuant to 28 U.S.C. § 1746, that the foregoing is true and correct.

3 Case 2:17-cv-11910-MAG-DRG ECF No. 473-70 filed 11/01/18 PageID.13507 Page 5 of 5

Executed on August 22, 2018 in Warren, Michigan.

Edward Amir Bajoka

4 Case 2:17-cv-11910-MAG-DRG ECF No. 473-71 filed 11/01/18 PageID.13508 Page 1 of 5

EXHIBIT 11 Case 2:17-cv-11910-MAG-DRG ECF No. 473-71 filed 11/01/18 PageID.13509 Page 2 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

OSAMA JAMIL HAMAMA, et al.,

Plaintiffs/Petitioners, Case No. 2:17-cv-11910 Hon. Mark A. Goldsmith V. Mag. David R. Grand REBECCA ADDUCCI, et al., Class Action Defendants/Respondents.

FOURTH DECLARATION OF RUSSELL ABRUTYN

I, RUSSELL ABRUTYN, hereby declare:

1. I have been licensed to practice law in Michigan since 2002 and in

Washington State since 1999. I am also licensed to practice before the

Second, Sixth, and Ninth Circuit Courts of Appeals, the Eastern and W estem

Districts of Michigan, and the Eastern and W estem Districts of Washington.

I graduated from the University of Michigan Law School in 1999.

2. My practice is focused exclusively on immigration law. I am a member of

the American Immigration Lawyers Association (AILA) and the Secretary

of AILA's Michigan chapter. I have received several awards from AILA:

two President's Commendations, the Sam Williamson Mentor of the Year,

and the Jack Wasserman Excellence in Litigation awards. Case 2:17-cv-11910-MAG-DRG ECF No. 473-71 filed 11/01/18 PageID.13510 Page 3 of 5

3. I represent 16 members of the Hamama class. I currently also represent

several other Iraqi nationals in removal proceedings or with other

immigration matters.

4. During my years of practice, I have represented hundreds of respondents

who were released from ICE custody on Orders of Supervision.

5. Typically, one of the conditions placed on these individuals is that they must

make a good faith effort to obtain a passport or travel document.

6. In some situations, often because ICE is better able to get these documents

from the individual's home country than the noncitizen, ICE obtains the

passport or travel document for the individual who was released on an Order

of Supervision.

7. In my experience, ICE can and does continue to seek travel documents for

individuals who are under Orders of Supervision. In some cases travel

documents never issue; I have had clients, including many of my Iraqi

clients, who were on orders of supervision for years or decades because ICE

could not obtain travel documents. In other cases, depending on the country,

ICE has been able to obtain travel documents more quickly.

8. At whatever point ICE obtains travel documents, and after it makes the

determination that removal is appropriate as a matter of discretion, it then

either takes the individual back into custody and removes them, or it

2 Case 2:17-cv-11910-MAG-DRG ECF No. 473-71 filed 11/01/18 PageID.13511 Page 4 of 5

schedules a departure date and requires the person to appear at the airport for

their flight.

9. ICE's ability to obtain a passport or travel document is not affected by the

release of the individual from custody. This has been true for noncitizens

from many different countries.

10.IfICE requires participation from the noncitizen, such as a signature on a

form, ICE simply requires the person to appear and take the necessary

action. ICE does not need the noncitizen to be in custody in order for ICE to

continue its efforts to obtain travel documents. For those who might express

reluctance at obtaining travel documents, the threat of detention, redetention,

or prosecution is used to ensure compliance. See 8 U.S.C. § 1253(a)(l)(B)

(requiring non-citizens to cooperate in "mak[ing] timely application in good

faith for travel or other documents necessary to the alien's departure").

11. In some cases, ICE must release an individual because ICE cannot obtain

travel documents, but ICE is concerned that the individual is a flight risk. In

those cases, ICE has a wide variety of options that can be used, including

electronic monitoring and more frequent check-ins, to monitor the

individual.

I declare under penalty of perjury of the laws of the United States the foregoing is

true and correct.

3 Case 2:17-cv-11910-MAG-DRG ECF No. 473-71 filed 11/01/18 PageID.13512 Page 5 of 5

Executed: August 17, 2018, in Berkley, Michigan.

RU~ELLABRlJTYN{//~

4 Case 2:17-cv-11910-MAG-DRG ECF No. 473-72 filed 11/01/18 PageID.13513 Page 1 of 6

EXHIBIT 12 Redacted per Court's Order ECF 338 Case 2:17-cv-11910-MAG-DRG ECF No. 473-72 filed 11/01/18 PageID.13514 Page 2 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

USAMA JAMIL H.AMAMA, et al.,

Petitioners/Plaintiffs, Case No. 2:17-cv-11910 V. Hon. Mark A. Goldsmith Mag. David R. Grand REBECCA ADDUCCI, et al., Class Action Respondents/Defendants

DECLARAf ION OF KEVIN J. PIECUCH

I, Kevin J. Piecuch, hereby declare, I make this declaration based upon my own

personal knowledge and if called to testify, I could and would do so competently as I follows:

1. I am an attorney licensed to practice in the state of Michigan and I represent

Firas Nissan, a class member in the above-captioned action. As Mr.

Nissan's attorney, I filed a motion to reopen his initial removal order, which

was granted August 15 , 2017. Since he entered the United States as an

arriving alien, Mr. Nissan was considered ineligible for a bond hearing

pursuant to this court's order. I am personally familiar with the facts

regarding Mr. Nissan's case through discussions with his friends and family

members, and through analysis of the documents contained in his A-file and

Record of Proceedings. Case 2:17-cv-11910-MAG-DRG ECF No. 473-72 filed 11/01/18 PageID.13515 Page 3 of 6

2. Mr. Nissan first arrived in this country on or about January 10, 2001, at the

San Ysidro, California port of entry from Iraq. Mr. Nissan was the last of

his family to leave Iraq. While his parent and siblings left Iraq as refugees,

Mr. Nissan remained behind to take care of a family business and property.

After receiving a series of threats and a brief detention in Iraq, Mr. Nissan

decided he could remain in Baghdad no longer and fled the country without

immigration documents.

3. Mr. Nissan was recently divorced from his U.S. citizen wife but they remain

an in an amicable relationship. Together they have two minor children, a

- ear-old son and a year old daughter. Mr. Nissan also provides

support to his aged U.S. citizen parents. He has five brothers and two

sisters, all who live in the U.S.

4. Following his initial entry in the United States, Mr. Nissan filed Form 1-589,

Application for Asylum and Withholding of Removal. At his individual

hearing on August 11, 2004, Mr. Nissan was represented by counsel but was

not physically present due to illness. The Court decided his illness should

not have prevented him from attending his hearing and Mr. Nissan was

ordered removed in absentia. Despite his order of removal, Mr. Nissan was

released from ICE custody pursuant to an order of supervision with which he

complied for 13 years.

2 Case 2:17-cv-11910-MAG-DRG ECF No. 473-72 filed 11/01/18 PageID.13516 Page 4 of 6

5. Until June, 2017 he was gainfully employed at the Charlevoix Market, one

of a series of jobs he held to support his family.

6. Mr. Nissan was taken into ICE custody on June 6, 2017 and remains in

custody today. He has been in custody for nearly fifteen months. During

this time, he was moved to several facilities, including detention centers in

Florence, Arizona and Battle Creek, Michigan.

7. I was retained on June 16, 2017. I filed a motion to reopen Mr. Nissan's

2004 removal order on June 20, 2017, which was granted on August 15 ,

2017.

8. I also represented Mr. Nissan at his individual merits hearing on December

28, 2017. Following that hearing, the immigration court required that we

file written closing briefs. Ultimately, the immigration court ordered

removal on April 5, 2018. I filed a detailed appeal with the Board of

Immigration Appeals which remains pending as of this date.

9. Although detention has taken a significant toll on my client, he wants to

continue fighting his case and has expressed a desire to appeal any adverse

decision he receives from the courts or the Board of Immigration Appeals.

10.Mr. Nissan was never granted a bond hearing because of his status as an

arriving alien. However, ifhe been granted a hearing, he likely would have

been given a bond based on the nature of his conviction, his ties to the

3 Case 2:17-cv-11910-MAG-DRG ECF No. 473-72 filed 11/01/18 PageID.13517 Page 5 of 6

community, and his lack of flight risk.

11.Detention has caused a significant hardship on Mr. Nissan personally and for

his family as well. Specifically, his two minor U.S. citizen children and his

aged U.S. citizen parents have been deprived of the person who provided

them financial and emotional support. He was the sole person supporting his

wife and two children before his detention.

12.Mr. Nissan was recently diagnosed with

Before he was detained, he visited his doctor almost

every other month to manage his health conditions. While in detention, he

does not receive the same level of medical care.

13. Further, being incarcerated more than 120 miles from his friends, family

and attorneys has limited Mr. Nissan's contact with loved ones and has

hampered my ability to provide timely legal support.

14.Recent altercations with other inmates at the detention facility have created

even more stress for Mr. Nissan. He is kept separated from other inmates in

solitary confinement for 21 hours every day, adding to his emotional and

physical hardship.

15.Mr. Nissan has a current pending appeal with the Board of Immigration

Appeals, which will likely take several months to complete. And, following

the BIA decision, there will be additional appeals no matter the outcome. I

4 Case 2:17-cv-11910-MAG-DRG ECF No. 473-72 filed 11/01/18 PageID.13518 Page 6 of 6

anticipate that if he is not released, he could remain in detention for

potentially two more years until his immigration case is fully resolved.

16.Mr. Nissan attempted to apply for travel documents from Iraq and was

denied. He currently has no identity documents which prove that he is a

citizen of Iraq and holds no passport to any country

Pursuant to 28 U.S.C. § 1746, I state under penalty of perjury under the laws of the

United States that the above statements are true and correct to the best of my

knowledge, information, and belief.

Date: August 24, 2018

5 Case 2:17-cv-11910-MAG-DRG ECF No. 473-73 filed 11/01/18 PageID.13519 Page 1 of 10

EXHIBIT 13 Redacted per Court's Order ECF 338 Case 2:17-cv-11910-MAG-DRG ECF No. 473-73 filed 11/01/18 PageID.13520 Page 2 of 10

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

USAMA JAMIL HAMAMA, et al.,

Petitioners/Plaintiffs, Case No. 2:l 7-cv-11910 V. Hon. Mark A. Goldsmith Mag. David R. Grand REBECCA ADDUCCI, et al., Class Action Respondents/Defendants.

DECLARATION OF CHRISTIE A. MOORE

I, Christie A. Moore, hereby declare, and make this declaration based upon

my own personal knowledge and if called to testify, I could and would do so

competently as follows:

1. I am an attorney licensed to practice in the Commonwealth of Kentucky and

the State of Ohio. I am a Partner in the firm of Bingham Greenebaum Doll LLP.

2. I have worked with Maytham 0. Al Bidairi and his family since early 2015.

I was appointed by Judge McKinley, in the Western District of Kentucky, to

represent FY, Maytham's wife, in the same matter in which Maytham entered a

guilty plea. I have remained in contact with the family since that time. 1 I am

personally familiar with the facts regarding Maytham's case through discussions

1 The charges against FY were dismissed on January 23, 2017, after she successfully complied with a one-year Diversion Agreement. Case 2:17-cv-11910-MAG-DRG ECF No. 473-73 filed 11/01/18 PageID.13521 Page 3 of 10

and interactions with Maytham and FY, as well as family members and friends,

and through analysis of the documents contained in Maytham's A-file and Record

of Proceedings.

3. As Maytham's attorney, I filed an Emergency Motion to Reopen Based on

Changed County Conditions and To Stay Removal. I then represented him at the

hearing on the merits of his claim. I also represented him in a bond hearing which

he was afforded pursuant to this Court's order.

4. In 2009, Maytham, an Iraqi national, along with FY, his wife, a Lebanese

national, arrived in this country as refugees, along with their three small children.

His daughters, ZA, NA and AA were ears old, respectively, when they

arrived in the U.S. They ultimately settled in Louisville, where FY and the girls

still live. Maytham held several jobs in those early years, including working for

Enterprise Car Rental, operating a small restaurant and later, when the restaurant

failed, he did odd jobs and bought and sold cars as a source of income.

5. In January, 2015, Maytham was charged with making false statements in

order to qualify for certain federal benefits, including SNAP benefits.2 The federal

2 US. v. Al Bidairi, et. al., Case No. 3:15-DR-13-M 2 Case 2:17-cv-11910-MAG-DRG ECF No. 473-73 filed 11/01/18 PageID.13522 Page 4 of 10

public defender was appointed to represent him, and Maytham was released on his

own recognizance pending a trial on the charges.

6. Ultimately, Maytham pleaded guilty to the charges and on February 4, 2016,

the Court entered Judgment. Judge McKinley did not believe incarceration was an

appropriate sanction for Maytham' s offense, but instead placed Maytham on

probation for four ( 4) years, to be followed by a term of supervised release. He

was also ordered to pay the special assessment and make restitution. He·

immediately began making restitution payments. Maytham made the decision to

plead guilty, in part, because of his understanding that it was the policy of the U.S.

that Iraqi nationals would not be deported under these circumstances.

7. A short three months later, in May, 2016, Maytham was taken into ICE

custody and has been in the custody of the Department of Homeland Security

("DHS") for well over two (2) years now. During this time, he has been moved to

nine (9) different detention centers in six (6) states. He is currently housed in Jena,

Louisiana, 750 miles from Louisville.

8. I was retained as counsel for Maytham in the immigration matters in late

2017. In early February, 2018, based on this Court's Order, I filed a motion

seeking Maytham's release on bond. A bond hearing was held on February 14,

3 Case 2:17-cv-11910-MAG-DRG ECF No. 473-73 filed 11/01/18 PageID.13523 Page 5 of 10

2018. Bond was denied for the stated reason that by virtue of his conviction,

Maytham was danger to the community and a flight risk.

9. The decision to deny bond is at odds with the fact that the federal judge in

Kentucky had not deemed him a flight risk or a danger and therefore had released

him pre-trial and then sentenced him to probation. Maytham had appeared in court

and with the probation office as required, both pre-trial and after he was sentenced.

The U.S. Probation Officer offered a letter stating that if released on bond, he

would continue to be supervised by the U.S. Probation Office in Kentucky.

10. On February 23, 2018, on behalf ofMaytham, I filed an Emergency Motion

to Reopen Based on Changed County Conditions and To Stay Removal. That

Motion was granted, and on June 6, 2018, a hearing was held on the merits of

Maytham's claims. In the Immigration Judge's ("IJ") written Opinion, several

noteworthy findings were highlighted. First, the IJ found that Maytham's crimes,

as a matter of law, were aggravated felonies, but did not qualify as particularly

serious crimes, meaning Maytham is eligible for relief under the INA and the

Convention Against Torture. Maytham's testimony was also found to be

"internally consistent and provided a plausible account of events", "was generally

consistent with other evidence of record" and "generally credible". Maytham's

expert, Daniel Smith, was not allowed to testify via phone, but his submitted

4 Case 2:17-cv-11910-MAG-DRG ECF No. 473-73 filed 11/01/18 PageID.13524 Page 6 of 10

written opinions were admitted. Mr. Smith, an individual residing in Iraq,

provided credible evidence, based on his own discussions with individuals living in

Iraq familiar with Maytham and the current Iraqi policies and regime, about the

dangers Maytham will face if removed to Iraq. Mr. Smith's opinions were not

challenged in any way and therefore stood unrebutted. DRS offered no expert

opinions on the subject. Notwithstanding these findings, the Immigration Judge

denied relief on July 11, 2018. Notice of Appeal was timely filed and is pending.

11. Maytham's detention has caused a significant hardship on both Maytham

and his family. Maytham's daughters are now They live in the

same neighborhood in Louisville where they first settled. Several months after

Maytham was picked up by ICE, the family was notified that they would be

evicted from their apartment due to failure to pay the rent. The landlord allowed

the family to stay an additional month, only after the undersigned became involved

and persuaded the landlord to delay eviction proceedings. FY, along with friends

and the undersigned, worked diligently to find subsidized, affordable housing, with

no luck.

12. FY and the girls ultimately moved into the local mosque and lived there

nearly a year before suitable housing could be found. The congregants were

certainly generous, but a concrete block building with few windows and no

5 Case 2:17-cv-11910-MAG-DRG ECF No. 473-73 filed 11/01/18 PageID.13525 Page 7 of 10

amenities is not a good place for children. They shared a single room with their

mother and had no television or internet access. Through this time, application

was made for Section 8 housing. The family received SNAP benefits and had

health coverage under Medicaid. They survived on the generosity of friends in the

local Iraqi and Lebanese communities.

13. In the summer of 2017, through the generosity of a family friend, FY and the

girls were able to move into a small apartment. They stayed there, rent paid by the

family friend, until a spot opened in the Section 8 program in Louisville. They are

now living in subsidized housing, receive financial assistance, SNAP and health

coverage through Medicaid.

14. ZA has just started All three girls speak Arabic

and English, fluently. FY speaks very little English, but has been working to learn.

She is frail in health and has been deemed unable to work by her physician in

Louisville, though she was denied social security disability benefits. The girls

have not seen their father in more than two years. FY has not seen her husband in

more than two years, as there are simply no resources to allow such travel.

15. Detention has also taken a significant toll on my client. Previously a very

involved parent, he last saw his family when he was first detained, when he was

held in Boone County, Kentucky. He speaks to them regularly on the phone; his

6 Case 2:17-cv-11910-MAG-DRG ECF No. 473-73 filed 11/01/18 PageID.13526 Page 8 of 10

only contact with them. Sadly, I have seen him more in the last two years than his

family, as the IJ has required counsel to appear in person for hearings.

16. Maytham now takes medication for

He has frequently experienced such that he has been prescribed

medication. Always a very healthy man, he has been hospitalized several times

since being detained.

17. I represent Maytham, pro bona and my firm has covered the cost of filing

fees, copies and service of pleadings. My husband and I have borne the cost of

travel associated with Maytham's case. Maytham is grateful and makes clear he

wants to continue fighting his case. He has authorized appeal to the Court of

Appeals, should he receive an adverse decision from the Board of Immigration

Appeals.

18. Maytham's continued detention in Louisiana makes it logistically difficult,

to say the least, to continue to fully represent him. For example, because of the

language barrier, an interpreter is required if any substantive discussions are to take

place. We have an available interpreter here in Louisville, but the cost at times can

be significant. The interpreters relied upon by the IJ for hearings are unfamiliar

with Maytham and therefore, during hearings, there have been many times when

the IJ's interpreter mis-translates, drastically changing the import of the testimony.

7 Case 2:17-cv-11910-MAG-DRG ECF No. 473-73 filed 11/01/18 PageID.13527 Page 9 of 10

Moreover, these interpreters are either in Miami with the IJ or at some third

location. Thus, many times it is difficult for Maytham ( and counsel) to know when

the translator has stopped and when it is proper to speak. This creates frustration

for both the IJ and the participants. When I want to speak to Maytham outside the

context of a hearing, I must rely on FY to relay a message to Maytham asking him

to call me to discuss important issues. Of course, I must then arrange to have the

interpreter available. Finally, in discussions with FY, I must rely on ZA to

translate. It is not good for a young woman of her age to have to bear the burden

of such adult issues.

19. It is also very difficult to timely get documents and information to Maytham.

I am told requests to move him to a center closer to Louisville have been denied, so

we must rely on mail to allow him to review and sign necessary documents.

20. Maytham's notice of appeal to the Board of Immigration Appeals has been

filed, but no briefing schedule has been set. It will likely be another 6-9 months to

litigate the appeal. I anticipate that if he is not released, he could remain in

detention for at least another year, until his immigration case is fully resolved. Of

course, if the matter must be appealed beyond the Board of Immigration Appeals,

Maytham will be facing at another year or more before that appellate decision is

rendered.

8 Case 2:17-cv-11910-MAG-DRG ECF No. 473-73 filed 11/01/18 PageID.13528 Page 10 of 10

21. Maytham has no access to travel documents from Iraq. Moreover, he

currently has no identity documents which prove that he is a citizen of Iraq, aside

from those issued to him by the United States.

Pursuant to 28 U.S.C. § 1746, I state under penalty of perjury under the laws

of the United States that the above statements are true and correct to the best of my

knowledge, information, and belief.

Date: August 20, 2018 ~A~- christie A. Moore

19560703

9 Case 2:17-cv-11910-MAG-DRG ECF No. 473-74 filed 11/01/18 PageID.13529 Page 1 of 7

EXHIBIT 14 Redacted per Court's Order ECF 338 Case 2:17-cv-11910-MAG-DRG ECF No. 473-74 filed 11/01/18 PageID.13530 Page 2 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

USAMA JAMIL HAMAMA, et al.,

P etitioners/Plainti.ffs, Case No. 2:17-c.:v-11910 V. Hon. Mark A. Goldsmith Mag. David R. Grand REBECCA ADDUCCI, et al., Class Action Respondents/Defendants.

DECLARATION OF ANEESHA GANDHI

I, Aneesha Gandhi, hereby declare, I make this declaration based upon my own

personal knowledge and if called to testify, I could and would do so competently as

follows:

l. I am an attorney licensed to practice in the state of Michigan and I

represent Hassan Faiek Ali Al-Atawna, a class member in the above

captioned action. As Mr. Al-Atawna's attorney, I filed a motion to reopen

his initial removal order which was denied, and I have filed an appeal of

that decision which is now pending with the Board of Immigration Appeals

(BIA). I also represented him in the bond hearing which he was afforded

pursuant to this court's order. I am personally familiar with the facts

regarding Mr. Al-Atawna's case through discussions with Mr. Al-Atawna,

family members, friends, and through analysis of the documents contained Case 2:17-cv-11910-MAG-DRG ECF No. 473-74 filed 11/01/18 PageID.13531 Page 3 of 7

in his A-file and Record of Proceedings.

2. Mr. Al-Atawna first arrived in this country on March 18, 2013 at the age of

16, with several of his siblings and father, as a refugee from Iraq. His

family fled lraq due

Mr. Al-Atawna and his siblings were not harmed further, but he

remembers lying on the floor covering his head while gunfire ensued. In

the aftermath, he saw a lot of dead bodies and blood. After fleeing

Baghdad, Mr. Al-Atawna and his family lived in the Al-Walid Refugee

Camp for approximately five years.

3. Although Mr. Al-Atawna's refugee documents from the United Nations

High Commissioner for Refugees (UNHCR) indicate that he is Iraqi and

that he was born in Baghdad, the Iraqi consulate recently informed both

2 Case 2:17-cv-11910-MAG-DRG ECF No. 473-74 filed 11/01/18 PageID.13532 Page 4 of 7

him and Immigration and Customs Enforcement (ICE) that he is not an

Iraqi citizen but is a Palestinian national. This is the first time Mr. Al

Atawna has been told that he is considered a Palestinian national by the

lraqi government. Since that time, Mr. Al-Atawna was told that lC.E is

coordinating a meeting between himself and the Palestinian consulate in

order to seek travel documents.

4. After coming to the United States, Mr. Al-Atawna was happy to no longer

be confined within a refugee camp, but he also found his new life

overwhelming. He was quickly enrolled in high school but he did not know

English and struggled to understand.

Due in part to his erratic behavior, Mr. Al-Atawna started getting

into trouble.

5. At the same time, Mr. Al-Atawna tried to work on himself to the extent

possible and even decided to convert to Christianity. He was baptized in

September 2015.

6. On Mr. Al-Atawna's son, R.A.L. was born.

7. Mr. Al-Atawna was taken into ICE custody in January 2017, after being

convicted of attempted assault and sentenced to 180 days in jail, all of

which was suspended. As part of his probation, he was ordered to schedule

3 Case 2:17-cv-11910-MAG-DRG ECF No. 473-74 filed 11/01/18 PageID.13533 Page 5 of 7

an evaluation and treatment but before he was

released from state custody, ICE arrested him.

8. Mr. Al-Atawna was ordered removed at his one and only hearing before an

immigration judge on February 21, 2017. Since being transferred to ICE

custody in January 2017, Mr. Al-Atawna has been detained. Thus, he has

been detained for over 20 months. During this time, he was moved to

different facilities, but has been detained the longest amount of time at the

Aurora ICE Processing Center in Colorado. He has not seen his son since

December 2016.

9. I was retained on December 12, 2017. I filed a motion to reopen Mr. Al

Atawna's February 21, 2017 removal order on February 26, 2018. The

Immigration Judge denied Mr. Al-Atawna's Motion to Reopen on March

30, 2018. Mr. Al-Atawna appealed this decision to the BIA and the appeal

has been pending since June 20, 2018. Although detention has taken a

significant toll on my client, he wants to continue fighting his case and has

expressed a desire to appeal if the BIA affirms the IJ' s decision not to

reopen.

10. Mr. Al-Atawna was granted a bond hearing for January 31, 2018. The

immigration judge set bond at $7,500 which neither my client nor his

family could afford. Thus, he remains in detention although the judge

4 Case 2:17-cv-11910-MAG-DRG ECF No. 473-74 filed 11/01/18 PageID.13534 Page 6 of 7

found him not to be a flight risk or danger to the community.

11. Detention has caused a significant hardship on Mr. Al-Atawna personally

and for his family as well. Specifically, Mr. Al-Atawna is not receiving

proper n detention which has caused him -

and he has expressed The mother of his

son is threatening to take Mr. Al-Atawna to court for child support, even

though Mr. Al-Atawna's family does their best to provide financial and

emotional support to her. If released, Mr. Al-Atawna plans to be his son's

primary caregiver as his son's mother has expressed not wanting to

continue in that role for their son.

12. While it is possible for me as his legal counsel to call Mr. Al-Atawna, it

often is impossible to get through and he is not provided a private space to

speak to me. This inhibits his ability to fully express himself. Mr. Al

Atawna's family often does not have the financial means to put money in

his account and therefore he is not able to have regular contact with them.

13. Mr. Al-Atawna has a current pending appeal with the BIA which will

likely take at least another four to five months to be decided. If granted, it

will be remanded to the Immigration Court for adjudication which can take

anywhere from six to nine months to complete. I anticipate that if he is not

released by Petitioners' Zadvydas motion, he could remain in detention for

5 Case 2:17-cv-11910-MAG-DRG ECF No. 473-74 filed 11/01/18 PageID.13535 Page 7 of 7

an additional year until his immigration case is fully resolved.

14. Although I believe Mr. Al-Atawna has strong claims for immigration relief

on the merits, even if he is ultimately unsuccessful, it is unclear whether he

can ever be removed. Mr. Al-Atawna was interviewed by Iraqi consular

staff in Stewart, Georgia in May 2018. ICE officer James Mattox filed a

declaration with this Court, which states that Iraqi officials informed Mr.

Mattox that they were denying Mr. Al-Atawna travel documents because

they do not believe he is Iraqi, but rather think he is Palestinian. See

Mattox Dec. ill l.d.ii, ECF 311-3.

15. Mr. Al-Atawna has no documents in his possession that suggest he is

Palestinian, and I have no reason to believe that he will be able to obtain

travel documents to go there.

Pursuant to 28 U.S.C. § 1746, I state under penalty of perjury under the laws of the

United States that the above statements are true and correct to the best of my

knowledge, information, and belief.

Date: August 21, 2018

6 Case 2:17-cv-11910-MAG-DRG ECF No. 473-75 filed 11/01/18 PageID.13536 Page 1 of 5

EXHIBIT 15 Redacted per Court's Order ECF 338 Case 2:17-cv-11910-MAG-DRG ECF No. 473-75 filed 11/01/18 PageID.13537 Page 2 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

USAMA JAMIL HAMAMA, et al.,

Petitioners/Plaintiffs, Case No. 2:17-cv-11910 V. Hon. Mark A. Goldsmith Mag. David R. Grand REBECCA ADDUCCI, et al., Class Action Respondents/Defendants.

DECLARATION OF RONALD KAPLOVITZ, ATTORNEY FOR SALMAN DAOOD SAIYAD A-

I, Ronald Kaplovitz, hereby declare, I make this declaration based upon my own personal

knowledge and if called to testify, I could and would do so competently as follows:

1. I am an attorney licensed to practice in the state of Michigan and I represent

Salman Daood Saiyad, a class member in the above-captioned action. As his

attorney, I filed a motion to reopen his removal order as well as several

supplemental pleadings. I also represented him in the bond hearing which he was

afforded pursuant to this court's order. I am personally familiar with the facts

regarding his case through discussions with Mr. Saiyad and family members and

through analysis of the documents contained in his A-file and Record of

Proceedings.

2. Salman Saiyad first arrived in this country in 1968 at the age of 15 from Iraq. He

entered the country as an immigrant to join his parents and siblings, all of whom

are now U.S. citizens or permanent residents. Mr. Saiyad also has two U.S.

citizen children and two U.S. citizen grandchildren. Case 2:17-cv-11910-MAG-DRG ECF No. 473-75 filed 11/01/18 PageID.13538 Page 3 of 5

3. Mr. Saiyad was ordered removed on October 09, 1989 following a conviction for

two crimes involving moral turpitude. Despite his order of removal, Mr. Saiyad

was released from ICE custody pursuant to an order of supervision with which he

complied for 20+ years.

4. Mr. Saiyad was taken into ICE custody on June 11, 2017 and remains in custody

to this date.

5. Mr. Saiyad was granted a bond hearing on February 14, 2018 and was granted

bond in the sum of One Hundred Thousand Dollars ($100,000.00) cash. The court

found that Mr. Saiyad is not a danger to the community. His last crime occurred

in the early 1990's. Nevertheless, the court set an extremely high bond on the

grounds that Mr. Saiyad is allegedly a flight risk.

6. The court's finding that Mr. Saiyad is a flight risk is totally at odds with the

evidence presented at the bond hearing. Mr. Saiyad is a 65-year old man who

until detention lived with his brother and sister-in-law. His brother and sister-in

law and his daughters submitted letters to court describing Mr. Saiyad as a kind,

generous man deeply connect to his family and the Chaldean Catholic

community. Prior to detention he socialized with friends at the Arabic Country

Club and at the Center of Hope. He was involved in the lives of his daughters and

grandchildren. These strong community ties demonstrated compellingly that Mr.

Saiyad posed no flight risk. Indeed, he complied with an order of supervision for

over 20 years. As his daughters stated to the court, he wanted nothing more than

to return to his family life while his case was litigated.

7. Declarations by Michael Bernacke, Acting Deputy Assistant Director, and John

2 Case 2:17-cv-11910-MAG-DRG ECF No. 473-75 filed 11/01/18 PageID.13539 Page 4 of 5

A. Schultz, Jr., Deputy Assistant Director were filed by the Government and

likely contributed to the Court's decision to set such a high bond. The

Government used the declarations to argue because - but for the injunction - Mr.

Saiyad could be quickly removed, he would likely flee.

8. As of the date of this Declaration, neither Mr. Saiyad, who is indigent, or his

family has been able to post the bond.

9. The Immigration Court noted in the bond order that "if the Board reopens the case

to consider 212(c), the Court will reconsider bond." On May 25, 2018, the Board

of Immigration Appeals granted respondent's Motion to Reopen and allowed for

possible consideration of 212(c) Relief and specifically noted that at footnote #2

"insofar as this Respondent alleges hich cannot

be mitigated by Counsel, that question may be further explored at the Trial level if

appropriate. See matter of M-A-M-, 25 l&N. Dec. 474(BIA-201 l)(Ex-1).

10. On May 31, 2018, respondent filed a Motion for Bond with the Detroit

Immigration Court based upon the BIA decision, remanding the case to the San

Diego Immigration Court. The government filed a Motion to Change Venue to

the Detroit Immigration Court as Mr. Saiyad was being housed in Michigan and

had his bond case in the Detroit Immigration Court.

11. On June 08, 2018, the San Diego immigration judge certified the case back to the

BIA for technical reasons and as a result, the Detroit immigration judge denied

respondent's bond motion indicating the case had not been remanded from the

BIA.

12. Detention has caused significant hardship on Mr. Saiyad and his numerous family

3 Case 2:17-cv-11910-MAG-DRG ECF No. 473-75 filed 11/01/18 PageID.13540 Page 5 of 5

members, some of whom live out of state and have no access to him. Mr. Saiyad

suffers fro and has a Fifth grade education.

13. After fourteen plus months of detention, Mr. Saiyad's Motion to Reopen remains

where it started at the BIA. It is likely that litigation just on the Motion to Reopen

litigation could last for another year, to be followed by litigation on the merits if

the Motion to Reopen is granted. Mr. Saiyad could be facing an unknown number

of years of detention.

Pursuant to 28 U.S.C. § 1746, I state under penalty of perjury under the laws of the

United States that the above statements are true and correct to the best of my knowledge,

information, and belief.

Date: August ?--3,2018

4 Case 2:17-cv-11910-MAG-DRG ECF No. 473-76 filed 11/01/18 PageID.13541 Page 1 of 6

EXHIBIT 16 Redacted per Court's Order ECF 338 Case 2:17-cv-11910-MAG-DRG ECF No. 473-76 filed 11/01/18 PageID.13542 Page 2 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF' MICHIGAN SOUTHERN DIVISION

USAMA JAMIL HAMAMA, et al.,

Petitioners/Plaintiffs, Case No. 2: l 7-cv-11910 I'. llo11. !v1mk A. Uol

DECLARATION OF GREGORY VANDERWOUDE

I, Gregory Vanderwoude, hereby declare, I make this declaration based upon my

own personal knowledge and if called to testify, I could and would do so

competently as follows:

1. I am an attorney licensed to practice both in the state of Michigan and in the

District of Columbia, and I represent Farried Jassiem, a class member in the

above-captioned action.

2. I am personally familiar with the facts regarding Mr. Jassiem's case through

discussions with Mr. Jassiem personally and through analysis of the

documents contained in his A-file and Record of Proceedings.

3. As Mr. Jassiem's attorney, I filed a motion to reopen his initial removal

order, and his motion to reopen was granted. I also represented him in the

bond hearing which he was afforded pursuant to this court's order. Case 2:17-cv-11910-MAG-DRG ECF No. 473-76 filed 11/01/18 PageID.13543 Page 3 of 6

4. Mr. Jassiem first arrived in this country on March 19, 1994 at Kennedy

Airport in New York City as a B l/B2 Visitor for Pleasure from Iraq. Mr.

Jassiem is a Sunni Muslim. Prior to his arrival in the United States, Mr.

Jassiem had been living in Germany for approximately five to six years. He

was granted asylum in Germany due to his fear of returning to Iraq, but he

no longer possesses any right to return to Germany.

5. Mr. Jassiem is currently married to C.B., who is a United States citizen.

6. Mr. Jassiem was first ordered removed on November 14, 2003, when the

Immigration Judge denied his application for adjustment of status. Despite

his order of removal, Mr. Jassiem was placed on an order of supervision

with which he complied for approximately 12 years.

7. Until June 2017, Mr. Jassiem was self-employed as a limousine driver, a

position which he had held for approximately 19 years.

8. Mr. Jassiem was taken into ICE custody on June 21, 2017 and remains in

custody at the Farmville Detention Center in Farmville, Virginia. He has

been in custody for approximately 14 months.

9. I was retained in August of 2017. I filed a motion to reopen Mr. J assiem' s

November 14, 2003 removal order on October 24, 2017. The Immigration

Judge reopened Mr. Jassiem's proceedings on January 11, 2018, finding that

Mr. Jassiem had a reasonable possibility of persecution based on his religion

2 Case 2:17-cv-11910-MAG-DRG ECF No. 473-76 filed 11/01/18 PageID.13544 Page 4 of 6

and possibly his imputed political opinion. In the order reopening the case,

the Immigration Judge also noted that Sunni Muslims in Iraq currently face

persecution by ISIS. The Immigration Judge heard testimony from Mr.

Jassiem regarding his asylum application on April 12, 2018 and May 23,

2018. In a decision dated July 30, 2018, the Immigration Judge denied Mr.

Jassiem's application for asylum, his application for withholding of removal,

and his application for protection under the Convention Against Torture.

10. Although detention has taken a significant toll on my client, he wants to

continue fighting his case and has decided to appeal the Immigration Judge's

decision. The Immigration Judge denied relief, stating that Mr. J assiem had

not met his burden. However, the record of evidence in Mr. Jassiem's case

clearly shows it is more likely than not that Mr. Jassiem will be harmed and

tortured if removed to Iraq. As noted earlier, the Immigration Judge

referenced the reasonable possibility of harm to Mr. Jassiem in the order

reopening his case.

I I .Fourteen months of detention has been very hard on Mr. Jassiem. He has

been on at least two hunger strikes, and he has also been placed o

t least one occasion. He has been on these hunger strikes because

he believes the detention center has failed to respond to his requests for

medical attention. In my non-expert opinion, he may suffer from an

3 Case 2:17-cv-11910-MAG-DRG ECF No. 473-76 filed 11/01/18 PageID.13545 Page 5 of 6

He has made countless requests to the Faimville

Detention Center for medical attention, including requests for

and . Although Mr. Jassiem did receive , he

has not received the that he has requested. Mr. Jassiem fears that

his~ould be permanently affected without this Mr.

Jassiem has required the assistance of a crutch.

12.Mr. Jassiem was granted a bond hearing on February 1, 2018 but was denied

bond because the Immigration Judge found that he was a danger to the

community. The decision to deny Mr. Jassiem's bond was at odds with the

fact that he has complied with his order of supervision for approximately

twelve years, has lived in the United States for many years, and has no

felony convictions.

13.Due to the distance of the Fannville Detention Center from my office in

Arlington, Virginia, it has been difficult preparing his case. It is roughly a

three hour drive by car to reach the Farmville Detention Center.

Additionally, Mr. Jassiem is limited in the amount of time that he can speak

on the phone with me because he has limited funds to pay for use of the

phone.

14. I have recently filed Mr. Jassiem's Notice of Appeal with the Board of

Immigration Appeals. I anticipate that ifhe is not released, he could remain

4 Case 2:17-cv-11910-MAG-DRG ECF No. 473-76 filed 11/01/18 PageID.13546 Page 6 of 6

in detention for another six months or more on top of the already 14 months

he has been in detention, until his immigration case is fully resolved.

15.Mr. Jassiem currently possesses no form of Iraqi identification.

Pursuant to 28 U.S.C. § 1746, I state under penalty of perjury under the laws of the

United States that the above statements are true and correct to the best of my

knowledge, information, and belief.

Date: Augustd q 2018 ~ 1/'~ ~ GregoVderWoude

5 Case 2:17-cv-11910-MAG-DRG ECF No. 473-77 filed 11/01/18 PageID.13547 Page 1 of 6

EXHIBIT 17 Redacted per Court's Order ECF 338 Case 2:17-cv-11910-MAG-DRGCase 4:17-cv-01972-KOB-TMP ECF No. Document 473-77 filed 7-1 11/01/18 Filed 01/18/18 PageID.13548 Page 1 of 5Page 2 ofFILED 6 2018 Jan-18 PM 04:53 U.S. DISTRICT COURT N.D. OF ALABAMA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA BIRMINGHAM DIVISION

Hussain Jiyad Al-Jabari ) Peitioner ) ) v. ) Case No. 4:17-cv-01972-KOB-TMP ) Jefferson B. Sessions, III ) Respondents )

DECLARATION

I, Tonita Dupard North, declare under penalty of perjury the following:

1. I am employed as a Supervisory Detention and Deportation Officer (SDDO) with the United States Department of Homeland Security (DHS), United States Immigration and Customs Enforcement (ICE) in the New Orleans Field Office. I am currently assigned to the Etowah County Detention Center (ECDC), in Gadsden, Alabama.

2. In my capacity as a SDDO, I supervise the deportation officer having docket control over Hussain Al-Jabari's case. Hussain Al-Jabari, identified as "Petitioner," has been assigned alien registration number A-.

3. I have reviewed the file for the Petitioner; this declaration is based on that review, information obtained from other individuals employed by ICE, and information obtained from OHS records.

4. Petitioner is a native and citizen of Iraq, he was born in Basrah, Iraq.

5. Petitioner entered the United States on June 20, 1995, at Detroit Michigan as a Refugee (RE-6).

6. On October 28, 1997, Petitioner adjusted status to Lawful Permanent Resident retroactive back to June 20, 1995.

7. On August 23, 2003, Petitioner was arrested by the Taylor Police Department in Taylor, Michigan, for second degree larceny and retail fraud.

8. On August 25, 2003, Petitioner was convicted in the 23rd District Court Taylor, Michigan, for retail fraud, and sentenced to five days confinement, fined $400, and six month probation. Case 2:17-cv-11910-MAG-DRGCase 4:17-cv-01972-KOB-TMP ECF No. Document 473-77 filed 7-1 11/01/18 Filed 01/18/18 PageID.13549 Page 2 of 5Page 3 of 6

9. On March 11, 2005, Petitioner was arrested by Detroit Police Department in Detroit, Michigan for dangerous drugs and for controlled substance.

10. On April 28, 2005, Petitioner was convicted in The State of Michigan 36th District Court 3rd Judicial Circuit Court, Detroit, Michigan for controlled substance and for maintaining a drug house, and he was sentenced to 62 days confinement time served; and one year probation.

11. On June 27, 2005, Petitioner was referred to ICE officers by the Michigan Department of Corrections and processed for a Notice to Appear (1-862), charging him as removable under§ 237(a)(2)(A)(iii) and§ 237(a)(2)(B)(i) of the Immigration and Nationality Act.

12. On November 21, 2005, Petitioner was convicted in State of Michigan 36th Judicial District 3rd Judicial Circuit for probation violation and sentenced to 6 months confinement.

13. On June 9, 2008, Petitioner was arrested by Allen Park Police, Allen Park, Michigan for larceny.

14. On June 10, 2008, the Wayne County Prosecuting Attorney charged Petitioner with retail fraud.

15. On June 23, 2008, Petitioner was convicted in the 24th District Court Allen Park, Michigan for retail fraud.

16. On January 5, 2011, Petitioner was arrested by Albuquerque Police Department in Albuquerque, New Mexico for shoplifting.

17. On January 9, 2012, Petitioner self-surrendered to the ERO Phoenix Field Office claiming to be homeless and wanting to go back to Iraq. A review of the Petitioner's criminal background revealed a removable drug offense and he was taken into ICE custody.

18. On January 10, 2012, Petitioner was transferred to Florence Service Processing Center in Florence, Arizona.

19. On January 12, 2012, Petitioner was transferred to Eloy Federal Contract Facility in Eloy, Arizona.

20. On January 13, 2012, Petitioner was served a Notice to Appear (1-862), charging him as removable under§ 237(a)(2)(B)(i) of the Immigration and Nationality Act.

21. On January 31, 2012, Petitioner was ordered removed to Iraq by an Immigration Judge in Eloy, Arizona and waived appeal. Case 2:17-cv-11910-MAG-DRGCase 4:17-cv-01972-KOB-TMP ECF No. Document 473-77 filed 7-1 11/01/18 Filed 01/18/18 PageID.13550 Page 3 of 5Page 4 of 6

22. On February 2, 2012, Petitioner was served an I-229a and Notice of Custody Review and travel document request was made to the Consulate of Iraq.

23. On April 12, 2012, Iraq Consulate requested another travel document request be sent.

24. On April 19, 2012, Petitioner's Post Order Custody Review (POCR) was forwarded to the Supervisor for review and decision.

25. On April 23, 2012, Consulate Official requested that Petitioner be flown to Los Angeles, California for an interview.

26. On April 30, 2012, Petitioner was transferred to Florence Staging Facility in Florence, Arizona awaiting transfer to his Consulate interview.

27. On May 2, 2012, Petitioner was taken to the Iraq Consulate for interview in Los Angeles, California.

28. On May 3, 2012, Petitioner was transferred to Eloy Federal Contract Facility, Eloy, Arizona.

29. On May 17, 2012, Petitioner was served with a POCR decision letter to Continue Detention.

30. On August 3, 2012, A Headquarters Removal and International Operations (HQRIO) POCR was submitted on the Petitioner's behalf.

31. On August 17, 2012, HQ RIO sent a decision to continue detention for Petitioner.

32. On November 1, 2012, Petitioner's identity documents were forwarded to the Ministry of Foreign Affairs by the Petitioner's family members in Iraq.

33. On November 9, 2012, A HQ RIO POCR was submitted on behalf of the Petitioner.

34. On November 13, 2012, Consulate stated they received the documents to be presented would have a response soon.

35. On December 20, 2012, a HQRIO POCR was submitted on behalf of the Petitioner. A decision to release on an order of supervision was received from HQRIO on December 28, 2012 and Petitioner was released. HQRIO indicated that obtaining a travel document for Petitioner was unlikely and would continue to engage the embassy concerning the travel document issuance.

36. On January 4, 2013, the Embassy oflraq officially stated in writing that they will not be issuing a travel document for Petitioner at this time. Case 2:17-cv-11910-MAG-DRGCase 4:17-cv-01972-KOB-TMP ECF No. Document 473-77 filed 7-1 11/01/18 Filed 01/18/18 PageID.13551 Page 4 of 5Page 5 of 6

3 7. On April 14, 2014, the Iraq Embassy agreed to review the Petitioner's travel document request once again. 38. On January 30, 2016, Petitioner was arrested by Albuquerque Police Department in Albuquerque, New Mexico for fraud, forgery and identity theft.

39. On May 2, 2016, Petitioner was arrested by Albuquerque Police Department in Albuquerque, New Mexico for battery.

40. On August 2, 2016, Petitioner was convicted for Forgery and sentenced to 18 months. On same date, ICE ERO Albuquerque was contacted by the State of New Mexico probation office as to Petitioner's immigration status.

41. On September 7, 2016, Petitioner reported in to ICE ERO Albuquerque and was placed on Alternative to Detention (ATD) voice monitoring.

42. On June 20, 2017, Petitioner was encountered by ICE ERO agents at his residence and taken into custody. Petitioner was deactivated from ATD, his OSUP was revoked, he was served an I-229a Warning for Failure to Depart, and transported to Albuquerque, New Mexico hold room pending imminent removal, and transferred to El Paso Service Processing Center, El Paso, Texas.

43. On June 27, 2017, the District Court in Detroit, Michigan issued a temporary restraining order barring ICE/ERO from removing Iraqi nationals to Iraq and that order was expanded to prohibit such removals nationwide. The case is Hamama, et al. v. Adducci, No. 17-11910 (E.D. Mich. filed June 15, 2017). But for this case, Petitioner would have been removed to Iraq.

44. On June 27, 2017, Headquarters Removal and International Operations (HQRIO) began working with the Embassy of the Republic of Iraq to obtain Petitioner's travel document for scheduled charter flight scheduled for July 25, 2017.

45. On August 17, 2017, Petitioner was transferred to Etowah County Detention Center in Gadsden, Alabama where he is currently detained.

46. On September 8, 2017, Petitioner was served Notice of File Custody Review, I-229a and instruction sheet. 4 7. On September 14, 2017, a POCR was forwarded to Supervisor for review and decision.

48. On October 5, 2017, Petitioner was served a decision to continue detention.

49. On October 12, 2017, Petitioner was served a notice of class membership, which included a Know Your Rights informational sheet and a voluntary removal packet that contained procedures to opt out of the putative class from Hamama, et al. v. Adducci, No. 17-11910 (E.D. Mich. filed June 15, 2017). Case 2:17-cv-11910-MAG-DRGCase 4:17-cv-01972-KOB-TMP ECF No. Document 473-77 filed 7-1 11/01/18 Filed 01/18/18 PageID.13552 Page 5 of 5Page 6 of 6

50. Ha mama et al. v. Adducci, No. 17-11910 (E.D. Mich. ft led June 15, 2017) sets forth requirements for the Government to serve putative class members their alien file (A fi le) and record of proceedings (ROP). Once the putative class member has been served, he or she has 90 days to file a Motion to Reopen with the Executive Office for Immigration Review (EOIR). If a Motion to Reopen is not filed with EOIR within 90 days after the A-file and ROP have been served, the Iraqi national will no longer be considered a putative class member of Hamama, et al. v. Adducci, No. 17-11910 (E.D. Mich. filed June 15, 2017) and the Stay of Removal for the Iraqi national will be lifted.

51. On November 22, 2017, Petitioner was served with a copy of his alien file and a privacy notice in the Arabic language. Petitioner will be served a copy of his ROP in the near future, which will start the 90-day clock pursuant to Hamama et al. v. Adducci, No. 17-1 1910 (E.D. Mich. filed June 15, 2017).

52. On December 13, 2017, Petitioner declined to sign the sti pulate that the Preliminary Injunction in Hamama v. Adducci No. 17-11 910 (E.D. Mich. filed June 15, 2017) be removed.

53. Based upon this officer's experience and expertise, I believe that ICE will remove Petitioner to Iraq in the reasonably fo reseeable future once the Stay of Removal for Iraqi nationals is dismissed or the Plaintiff is removed from the class.

54. The Government oflraq has already demonstrated its willingness to accept back Iraqi nationals with final orders of removal from the United States.

I hereby declare under penalty of perjury that the above statements are true and correct to the best of my knowledge and belief.

JAN 1 B 2018 Date Ton~ · SDDO OHS/ICE/ERO Gadsden, Alabama Case 2:17-cv-11910-MAG-DRG ECF No. 473-78 filed 11/01/18 PageID.13553 Page 1 of 5

EXHIBIT 18 Redacted per Court's Order ECF 338 Case 2:17-cv-11910-MAG-DRGCase 4:17-cv-01021-KOB-JHE ECF No. Document 473-78 filed15-1 11/01/18 Filed 11/06/17 PageID.13554 Page 2 of 5Page 2 of 5

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION

Hussain AL KINANI ) Petitioner ) ) v. ) Case No. 4:17-cv-01021-KOB-JHE ) John E. Kelly, et al., ) Respondents )

DECLARATION

I, Bryan S. Pitman, declare under penalty of perjury the following:

2. In my capacity as a SDDO, I supervise the deportation officer having docket control over Hussain Habash AL KINAN!' s case. Hussain Habash AL KINAN!, identified as "Petitioner," has been assigned alien registration number~-

3. I have reviewed the file for the Petitioner and this declaration is based on that review, information obtained from other individuals employed by ICE, and information obtained from DHS records.

4. Petitioner is a native and citizen of Iraq. On September 12, 1997, Petitioner was paroled into the United States at New York City, NY as a refugee with permission to remain until December 31, 1999.

5. On April 21, 2000, Petitioner was arrested by the Chattanooga Police Department in Chattanooga, Tennessee for Driving under the Influence 2nd•

6. On May 9, 2001, Petitioner was arrested by the Catoosa County Sheriff's Office in Ringgold, Georgia for Driving while license was suspended or revoked. On May 22, 2001, Catoosa County Georgia Probate Court found Petitioner guilty for Driving while license suspended or revoked.

7. On June 23, 2001, Petitioner was arrested by Dalton Police Department in Dalton, Georgia for Driving under the Influence of Alcohol. On June 25, 2001, Petitioner was found guilty in Dalton Municipal Court and sentenced to 4 days confinement; 12 months probation; and $1120 fine. Case 2:17-cv-11910-MAG-DRGCase 4:17-cv-01021-KOB-JHE ECF No. Document 473-78 filed15-1 11/01/18 Filed 11/06/17 PageID.13555 Page 3 of 5Page 3 of 5

8. On December 6, 2001, Petitioner was arrested by Dalton Police Department for Probation Violation. On December 7, 2001, Petitioner was sentenced to 5 days confinement and continued on original probation or parole order.

9. On January 2, 2007, Petitioner was arrested by the Chattanooga Police Department in Chattanooga, Tennessee for Possession of Marijuana, Possession of Cocaine, Possession of Ecstasy, and a Registration Violation.

10. August 4, 2011, Petitioner was arrested by the Catoosa County Sheriffs Office in Ringgold, Georgia for the sale of a Schedule I or II Controlled Substance and Use of Communication Facility in Commission of a felony Involving Controlled Substances.

11. On September 8, 2011, Petitioner was arrested by U.S. Marshal Service in Chattanooga, Tennessee, for Dangerous Drugs.

12. On November 21, 2016, Petitioner was convicted in the U.S. District Court, Eastern District of Tennessee, of Conspiracy to Distribute Narcotics and money laundering, and sentenced to 36 months of supervised release.

13. On November 22, 2016, Petitioner was arrested by ICE/ERO Oakdale, LA, and was issued a Notice to Appear (I-862) charging him as removable under§ 212(a)(2)(A)(i)(II); 212(a)(2)(C); and 212(a)(2)(I)(i) of the Immigration and Nationality Act.

14. On December 8, 2016, Petitioner was ordered removed to Iraq by an Immigration Judge (IJ) in Oakdale, LA. Petitioner did not reserve the right to appeal. At no time did Petitioner seek asylum or withholding of removal under the Convention against Torture.

15. January 11, 2017, Petitioner was booked out of the LaSalle Detention Facility in Jena, Louisiana and transferred to the Etowah County Detention Center (ECDC) in Gadsden, Alabama.

16. On January 12, 2017, a Travel Document (TD) request packet was sent to the Iraq Consulate General in Washington, D.C., and on January 26, 2017, Petitioner was served a Notice of File Custody Review, a Warning for Failure to Depart (I-229); and an instruction sheet

17. On February 27, 2017, Petitioner was afforded a 90 day Post Order Custody Review (POCR) by the Field Office and a decision to continue detention was issued on March 4, 2017, based on a significant likelihood of removal in the reason,ably foreseeable future.

18. On June 13, 201 7, Petitioner was afforded a POCR by Headquarters Removal and International Operations unit (HQRIO) in Washington, D.C. and a decision to continue detention was sent to Florence, Arizona to be served on the Petitioner. Case 2:17-cv-11910-MAG-DRGCase 4:17-cv-01021-KOB-JHE ECF No. Document 473-78 filed15-1 11/01/18 Filed 11/06/17 PageID.13556 Page 4 of 5Page 4 of 5

19. On June 15, 2017, Petitioner filed a habeas with the United States District Court Northern District of Alabama Middle Division.

20. On June 19, 2017, Petitioner was transferred from the Etowah County Detention Center in Gadsden, Alabama to the LaSalle Detention Facility in Jena, Louisiana.

21. On June 20, 2017, Petitioner was transferred from the LaSalle Detention Facility in Jena, Louisiana to the Alexandria Staging Facility in Alexandria, Louisiana.

22. On June 21, 2017, Petitioner was transferred from the Alexandria Staging Facility in Alexandria, Louisiana to the Florence Staging Facility in Florence, Arizona for removal to Iraq.

23. On June 22, 2017, Petitioner was transferred from the Florence Staging Facility in Florence, Arizona to the Florence Correctional Facility in Florence, Arizona. The Petitioner was scheduled to be removed to Iraq on an ICE charter flight set to depart the United States in the end of June of 2017.

24. On June 26, 2017, the District Court in Detroit, Michigan issued a temporary restraining order barring ICE/ERO Detroit from removing Iraqi nationals to Iraq and that order was expanded to prohibit such removals nationwide. The case is Hamama, et al. v. Adducci, No. 17-11910 (E.D. Mich. filed June 15, 2017). But for the Hamama case, Petitioner would have been removed to Iraq.

25. Iraq has issued travel documents for individuals who have voluntarily opted out of the putative class from Hamama.

26. On August 2, 2017, Petitioner was transferred from the Florence Correctional Facility in Florence, Arizona to the Florence Staging Facility in Florence, Arizona and on August 3, 2017, Petitioner was transferred from the Florence Staging Facility to the LaSalle Detention Facility in Jena, Louisiana.

27. On September 6, 2017, Petitioner was afforded a POCR by HQRIO in Washington, District of Columbia and a decision to continue detention was issued on September 26, 2017, based on a significant likelihood of removal in the reasonably foreseeable future.

28. On October 12, 2017, Petitioner was served a notice of class membership, which included a Know Your Rights informational sheet and a voluntary removal packet that contained procedures to opt out of the putative class from Hamama, et al. v. Adducci, No. 17-11910 (E.D. Mich. filed June 15, 2017).

29. On October 23, 2017, Petitioner was transferred from the LaSalle Detention Facility in Jena, Louisiana to the Pine Prairie Correctional Center in Pine Prairie, Louisiana, where he is currently being detained. Case 2:17-cv-11910-MAG-DRGCase 4:17-cv-01021-KOB-JHE ECF No. Document 473-78 filed15-1 11/01/18 Filed 11/06/17 PageID.13557 Page 5 of 5Page 5 of 5

30. Hamama et al. v. Adducci, No. 17-11910 (E.D. Mich. filed June 15, 2017) sets forth requirements for the Government to serve putative class members their alien file (A file) and record of proceedings (ROP). Petitioner will be served with a copy of his A file soon. My understanding is that the Department of Justice's Executive Office for Immigration Review (EOIR) is responsible for production of the ROP. Once the putative class member has been served, he or she has 90 days to file a Motion to Reopen with the Executive Office for Immigration Review (EOIR). If a Motion to Reopen is not filed with EOIR within 90 days after the A-file and ROP have been served, the Iraqi national will no longer be considered a putative class member of Hamama, et al. v. Adducci, No. 17-11910 (E.D. Mich. filed June 15, 2017) and the Stay of Removal for the Iraqi national will be lifted.

31. Based upon this officer's experience and expertise, I believe that ICE will remove Petitioner to Iraq in the reasonably foreseeable future once the Stay of Removal for Iraqi nationals is dismissed or the Plaintiff is removed from the class.

32. The Government of Iraq has already demonstrated its willingness to accept back Iraqi nationals with final orders of removal from the United States.

I hereby declare under penalty of perjury that the above the best of my knowledge and belief.

NOV O 6 2017 Date Br n S. Pitman, SDDO S/ICE/ERO Gadsden, Alabama Case 2:17-cv-11910-MAG-DRG ECF No. 473-79 filed 11/01/18 PageID.13558 Page 1 of 33

EXHIBIT 19 Case 2:17-cv-11910-MAG-DRG ECF No. 473-79 filed 11/01/18 PageID.13559 Page 2 of 33

Expert Report of Dr. Kiminori Nakamura

June 5, 2018

Department of Criminology and Criminal Justice University of Maryland 2220 LeFrak Hall College Park, MD 20742 301-405-5477

Case 2:17-cv-11910-MAG-DRG ECF No. 473-79 filed 11/01/18 PageID.13560 Page 3 of 33

EXECUTIVE SUMMARY

Based on my experience as a criminologist researching and working on issues related to

redemption and recidivism risk, as well as my review of the documents presented to me in this

case, it is my expert opinion that:

• Redemption research (i.e. research focused on the point at which a prior criminal record

is no longer predictive of future criminal offending) shows that the more time that passes

since last contact with the criminal justice system—i.e., arrest or conviction—is

consistently associated with a lower risk of future offending behavior.

• There is no empirical support for the wide-spread but scientifically unfounded perception

that those who committed certain types of crimes in the past continue indefinitely (or at

least for very long periods of time) to have a heightened risk of reoffending.

• Redemption research shows that the recidivism risk of those with a prior conviction

record falls below the risk of arrest for the general population after approximately: (i)

four to seven years for “violent offenders,” (ii) four years for “drug offenders,” and (iii)

three to four years for “property offenders.”

• The recidivism risk of those with a prior conviction record approximates the risk of those

who have never been arrested after roughly (i) 11 to 15 years for violent offenders, (ii) 10

to 14 years for drug offenders, and (iii) 8 to 11 years for property offenders.

• There is a robust relationship between age and the prevalence of criminal behavior.

Criminal behavior peeks in the late teens and young-adult period, and steadily declines in

later years.

• Employment and job stability are closely related to a lower risk of criminal behavior.

2 Case 2:17-cv-11910-MAG-DRG ECF No. 473-79 filed 11/01/18 PageID.13561 Page 4 of 33

• Most of the individuals who are part of the Hamama v. Adducci class action litigation are

Iraqi nationals who committed criminal offenses years or decades ago. Empirical findings

from redemption research show that their risk of reoffending and engaging in criminal

activity is extremely low. Depending on the number of years crime-free, a Hamama class

member’s risk may be lower than that of the general population. The risk of reoffending

is reduced even further for individuals who are older, or who have employment. There is

no empirical data or research to support an assumption that these individuals’ past

criminal offenses automatically make them a danger to the community at the present

time.

I. INTRODUCTION

A. Qualifications

I am an Assistant Professor of Criminology and Criminal Justice at the University of

Maryland. My research spans issues related to corrections, prisoner reentry, collateral

consequences of criminal-history records, research on criminal careers, and quantitative

methodology. Much of my research focuses on the issue of “redemption” for individuals with

criminal-history records. Redemption refers to the process through which the risk of recidivism

declines to a level of appropriate benchmarks so that old criminal records are no longer very

predictive of future recidivism.

My work on redemption has been published in Criminology, the flagship journal of the

American Society of Criminology (ASC) and the National Institute of Justice Journal. I have also

presented my research findings at various conferences and meetings, including ASC’s annual

meeting, as well as conferences organized by the American Bar Association’s Commission on

Effective Criminal Sanctions, the New York Division of Criminal Justice Services, and the Ohio

3 Case 2:17-cv-11910-MAG-DRG ECF No. 473-79 filed 11/01/18 PageID.13562 Page 5 of 33

Ex-Offender Reentry Coalition. Additionally, my research on redemption has been cited in the

Equal Employment Opportunity Commission’s (EEOC) recent revised enforcement guidance on

the use of criminal-history records in employment. I have been retained as an expert in Houser

et al. v. Blank, No. 10-3105 (S.D.N.Y.), a class action lawsuit challenging the United States’

Census Bureau’s use of criminal-history information when hiring temporary workers. My

curriculum vitae is attached as Appendix A.

B. Information Reviewed for this Report

A list of documents I reviewed, including relevant scientific and professional articles and

research, to form my opinion in this litigation is attached as Appendix B.

C. Compensation

My work is not being compensated in this matter.

D. Summary of Issues Addressed

I have been asked by class counsel for petitioners in Hamama, et. al. v. Adducci, No. 17-

cv-11910 (E.D. Michigan) to prepare this report, with the understanding that it may be used in

that litigation as well as in individual immigration cases for Hamama class members. This report

analyzes future crime risk for individuals with past criminal history in light of the well

substantiated empirical findings from recidivism and redemption research in the last decade.

Specifically, I present how redemption research has established that, over time, the

recidivism risk of those with criminal records declines, and that at a certain point, a criminal

record largely loses its value in predicting whether that individual is likely to commit another

criminal offense. Additionally, this report will review and discuss criminological research

focusing on the relationships between crime risk (i.e., the likelihood that an individual will

commit a criminal offense) and age, and other correlates of recidivism risk, such as employment

4 Case 2:17-cv-11910-MAG-DRG ECF No. 473-79 filed 11/01/18 PageID.13563 Page 6 of 33

status—which are relevant to determining whether a person with a past criminal record presents

a current risk to public safety. I reserve the right to supplement this report with additional

specific information based on subsequent developments or depositions taken.

II. OPINION

A. Context for Redemption Research

The number of individuals in the U.S. who have had contact with the criminal justice

system—and thus possess a criminal record—has increased significantly in recent decades. Over

40 years ago, it was estimated that 22 percent of the U.S. population would be arrested for a non-

traffic offense by age 23 (Christensen, 1967). More recent data show an even higher estimate of

life-time arrest prevalence (30 percent of the U.S. population by age 23); the increase is

reflective of the fact that the criminal justice system has become more aggressive in dealing with

crimes like drug offenses and domestic violence (Brame et al., 2012). According to the statistics

published in 2009, over 7.3 million people—one in every 31 adults—are on some sort of

correctional supervision, either in prison, jail or on probation or parole (Pew Center on the

States, 2009). At the end of 2010, there were approximately 19.8 million Americans with a

felony conviction, representing approximately 8 percent of the adult population (Shannon et al.,

2017).

B. Redemption Research Shows that the Recidivism Risk of Former Offenders Decreases Over Time to a Point Below that of the General Population. One of the most robust findings in criminology is the strong positive relationship between

past and future criminal offending (Blumstein, Farrington, and Moitra 1985; Piquero et al. 2003),

which in part explains employers’ reluctance to hire people with criminal records.1 However, an

1 With the technological ease in acquiring criminal records and conducting background checks, there has been an increase in the use of background checks, especially in employment settings, and increasing attention to its consequences (Lageson et al., 2015; Raphael, 2011). According to various employer surveys, at least more than half of large companies conduct

5 Case 2:17-cv-11910-MAG-DRG ECF No. 473-79 filed 11/01/18 PageID.13564 Page 7 of 33

equally robust finding in criminology research is that any recidivism occurs relatively quickly,

and that recidivism risk declines with time since the last contact with the criminal justice system

(Beck and Shipley, 1997; Gottfredson, 1999; Langan and Levin, 2002; Maltz, 1984; Schmidt and

Witte, 1988). As such, “time clean”— i.e., the time that elapses before a person recidivates—is

critically important in understanding the relationship between past and future offending behavior.

The findings of my “redemption” research, which is based on an empirical analysis of

criminal-history records and also consistent with more general criminology research on

recidivism, show that recidivism risk declines steadily with time free of recidivism, and in

relation to appropriate benchmarks. The research in this field has found, based on empirical

evidence, that the risk becomes “sufficiently low” at some time point such that a criminal record

no longer predicts the risk of future criminal offending (i.e., “redemption” time). The redemption

time depends on the nature of the underlying offense, and is also affected by factors like age and

employment history.

A series of studies by the U.S. Department of Justice’s Bureau of Justice Statistics that

tracked released prisoners show that of all those who were re-arrested in the first three years,

approximately two-thirds, were arrested within the first year from their release. This research

strongly indicates that those people with criminal records who recidivate are likely to do so

shortly after their release; those with a longer period of recidivism-free time have a lower

recidivism risk (Beck and Shipley, 1997; Durose et al., 2014; Langan and Levin, 2002).

An important question, given that general findings from recidivism studies show that the

risk of reoffending declines with time, is how long it takes for the risk to become sufficiently

criminal background checks (Holzer et al., 2003, 2004; Society for Human Resource Management, 2004, 2010, 2012; Vuolo et al., 2017). Correspondingly, a recent survey on U.S. residents who apply for a job show that a majority are asked about their criminal record at some point in the application process (Denver et al., 2017).

6 Case 2:17-cv-11910-MAG-DRG ECF No. 473-79 filed 11/01/18 PageID.13565 Page 8 of 33

low, such that the presence of prior criminal record no longer predicts the risk of future criminal

offending. This phenomenon—“redemption” (Blumstein and Nakamura, 2009)—has motivated

recent research tracking the recidivism of those with a criminal record (arrest, conviction,

incarceration) over a long follow-up time (10 years, 20 years, or longer). Redemption research

shows that recidivism risk indeed declines over time, so that after a period of time it falls below

the risk of the general population and converges with the risk of non-offenders (Blumstein and

Nakamura, 2009; Bushway et al., 2011; Kurlychek et al., 2006, 2007; Soothill and Francis,

2009).

For example, Blumstein and Nakamura (2009, 2012) analyzed the New York State

criminal history records of those who were arrested and convicted for the first time as an adult in

1980. The dataset contains nearly 90,000 individuals and tracks their criminal history for a time

period that spans over 25 years. This research finds that the probability of recidivism (which is

defined as having a new arrest, regardless of whether it results in conviction) declines as “time

clean” increases. The probability of recidivism eventually falls below the risk of arrest for the

general population (which includes individuals who both do and do not have criminal histories),

and over time, comes very close to approximating the risk of arrest posed by individuals with no

criminal histories. Blumstein and Nakamura (2012) replicated the findings from New York with

the data from other states and concluded that redemption times are relatively similar across

states.

It is thus reasonable to conclude based on Blumstein and Nakamura (2009, 2012) as well

as other similar studies (Bushway et al., 2011; Kurlychek et al., 2006, 2007; Soothill and Francis,

2009), that the more time that passes since last contact with the criminal justice system—i.e.,

arrest or conviction—is consistently associated with a lower risk of future offending behavior.

7 Case 2:17-cv-11910-MAG-DRG ECF No. 473-79 filed 11/01/18 PageID.13566 Page 9 of 33

As an illustrative example, Figure 1 presents the relationship between the recidivism risk

(rearrest or reincarceration) and the time since release from incarceration among state prisoners

in New York.

Figure 1. Recidivism risk of New York prisoners

0.40 0.35 0.30 0.25 0.20 0.15

Recidivism Risk Recidivism 0.10 0.05 0.00 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Years Since Release

More specifically, it is my expert belief and opinion, based on the redemption research,

that the recidivism risk of those with a prior conviction record falls below the risk of arrest for

the general population after approximately: (i) four to seven years for “violent offenders,” (ii)

four years for “drug offenders,” and (iii) three to four years for “property offenders.”2

Depending on the use of criminal records and risk sensitivity associated with background

checks, more or less stringent benchmarks can be used to establish redemption times. Blumstein

and Nakamura (2012) further estimate redemption times using a more conservative benchmark

of arrest risk of those with no prior arrest (“the never-arrested”). Using this benchmark, the

recidivism risk of those with a prior conviction record approximates the never-arrested risk

2 Violent offenses include robbery, aggravated assault, forcible rape, and simple assault. Property offenses include burglary, larceny, motor vehicle theft, stolen property, forgery, fraud, and embezzlement. Drug offenses include both possession and sale/manufacturing of any controlled substance.

8 Case 2:17-cv-11910-MAG-DRG ECF No. 473-79 filed 11/01/18 PageID.13567 Page 10 of 33

roughly after (i) 11 to 15 years for violent offenders, (ii) 10 to 14 years for drug offenders, and

(iii) 8 to 11 years for property offenders.3

Redemption research thus makes clear that the likelihood an individual with a criminal

record will recidivate does not remain constant over time. Rather, as the amount of “time clean”

increases, the less likely it is that the person will re-offend. The risk a person poses at the time of

conviction is very different than the risk a person poses years or decades later. A past conviction

cannot and should not be equated with present dangerousness. Rather, the risk an individual

presents will depend on the length of time since the prior conviction, as well as the presence or

absence of other protective factors, as discussed below. This is true even for individuals

convicted of serious offenses. Redemption research has examined a range of individuals who

have been either arrested or convicted for committing criminal activity—ranging from violent

crimes to drug offenses—and have consistently found that the recidivism risk decreases for all

category of offenses. The notion then that there are serious offenses that are inherently and

permanently dangerous is inconsistent with redemption research. While the time it takes to reach

the point of redemption may be longer for some crimes, redemption research shows that

recidivism risk declines for all offenses over time.

C. Other Criminology Research

In addition to redemption research, there is other criminology research that relevant to

determining whether individuals are likely to reoffend and pose danger to the community --

specifically, criminology research regarding the link between crime risk and age, and the link

between crime risk and employment status.

3 Consistent with the idea of redemption, the Equal Employment Opportunity Commission’s recently released an undated guideline encouraging employers to consider the amount of time that has passed since the offense when using criminal records in employment decisions (EEOC, 2012). Recent studies also report that employers often consider time since offense in hiring decisions (Lageson et al., 2015; Uggen et al., 2014).

9 Case 2:17-cv-11910-MAG-DRG ECF No. 473-79 filed 11/01/18 PageID.13568 Page 11 of 33

Crime Risk and Age

There is broad consensus among criminologists that most individuals who commit crime

will desist or stop committing crime over time (Laub and Sampson, 2001). Criminologists offer

many explanations for desistance. Sampson and Laub (2003) argue that certain life events such

as employment and marriage (“turning points”) which occur in adulthood can facilitate

desistance, even for serious juvenile offenders; other researchers emphasize that individual

transformation or identity change is critical in initiating the process of desistance (Giordano,

Cernkovich, and Rudolph, 2002; Maruna, 2001; Paternoster and Bushway, 2009). Regardless of

the catalyst for desistance, it is well established that aging is one of the most powerful predictors

of desistance (Farrington, 1986; Hirschi and Gottfredson, 1983; Sampson and Laub, 1993;

Sampson and Laub, 2003).

Criminologists have long recognized a robust relationship between the prevalence of

criminal behavior (i.e., the measure of how many individuals participate in crime) and age, and

the visual representation of the relationship between crime prevalence and age is called the “age-

crime curve.” Based on the Arrest Data Analysis Tool provided the Bureau of Justice Statistics,

Figure 2 shows the relationship between age and arrest rates in 2014. That curve demonstrates

that while there is a peek in criminal activity during the late teens and young-adult period, there

is a steady decline in the subsequent years. This general shape of the age-crime curve is similar

regardless of gender, types of offenses, or time points (e.g., 2018 vs. 1980).

10 Case 2:17-cv-11910-MAG-DRG ECF No. 473-79 filed 11/01/18 PageID.13569 Page 12 of 33

Figure 2. Age-crime curve

U.S. Arrest Estimates

Arrest Ratu by Age for All Offenses

D 2014

10,000

9,000

8,000 "',:: 0 7,000 .,"'"- Q. 0 0 6,000 0 o' ....0 5,000 .,"- Q. 4,000 ~ "'t 3,000 ci: 2,000

1,000 D Ci 1111 :i!C 40 10 Ai!! or Ar.111 Cniup

Crime Risk and Employment Status

The “age-graded theory of informal social control,” which was developed by

criminologists Robert Sampson and John Laub, reasons that a person with stable employment is

associated with a low likelihood of offending because employment, like other social institutions

such as family and good marriage, represents the person’s bond to society and conventional

values and attitudes. Based on one of the longest longitudinal datasets in criminology that

tracked 1,000 boys who grew up in Boston during the 1930s and 1940s, Laub and Sampson

(2003) found that despite differences in early childhood experiences, employment status in

adulthood was associated with less offending and that job stability predicted a significant

reduction in criminal offending. Uggen (1999) also concluded that job quality (measured by type

of occupation, skill level and industry) bears a correlation to the future risk of offending, finding

11 Case 2:17-cv-11910-MAG-DRG ECF No. 473-79 filed 11/01/18 PageID.13570 Page 13 of 33

that those who hold a higher quality job (e.g., professional work in education, clerical work) are

less likely to offend than those who hold a lower quality job (e.g., manual labor, service).

Similarly, the concept of “signaling” in labor economics provides another perspective on

the relationship between employment and crime that also predicts that those with criminal

records who can maintain employment have a lower chance of committing further crime. Those

with stable employment after contact with the criminal justice system (arrest, conviction, release

from prison) signal or identify themselves as low risk by making a considerable effort to find a

job and holding down a job (Bushway and Apel, 2012). A large-scale prisoner reentry study that

was conducted by the Urban Institute (Visher, Debus, and Yahner, 2008) provides some

empirical evidence that is consistent with the signaling concept. This study tracked state

prisoners who were released in three states (Illinois, Ohio, and Texas) and collected measures of

their reintegration, including post-prison employment, and recidivism (measured as re-

incarceration). The study found that within the first year out of prison, those who were employed

had lower recidivism rates than those who were unemployed. In addition, the study found that

the more the wages earned in the first two months after release, the lower the probability of

recidivism: recidivism rate was eight percent for those earning more than $10 per hour, while the

recidivism rate was twice as high (16 percent) for those earning less than $7 per hour. Given that

finding and maintaining employment is difficult and hard to achieve for most individuals during

their reentry process (Petersilia, 2003; Travis, 2005), the value of stable employment status as a

signal of low crime risk is enhanced (Bushway and Apel, 2012).

D. Application of Redemption and Recidivism Research to the Hamama Class Members.

Based on my review of materials related to the Hamama v. Adducci case and my

conversations with class counsel, it is my understanding that this case concerns the removal of

12 Case 2:17-cv-11910-MAG-DRG ECF No. 473-79 filed 11/01/18 PageID.13571 Page 14 of 33

Iraqi nationals, that there are roughly 300 Iraqi nationals who have been arrested by Immigration

and Customs Enforcement (ICE) since June 2017, and that there are approximately 1,100

additional Iraqis with final orders of removal. It is further my understanding that many but not all

of these individuals have criminal records, and that those criminal records are often years or

decades old.

I have reviewed a chart, reproduced below, from a declaration by Margo Schlanger (Doc.

174-3), showing the years when Hamama class members were ordered removed. It is my

understanding that class-wide data about conviction history is unavailable. Where a person is

ordered removed based on a criminal conviction, the removal order is necessarily entered after

the conviction, which means that the underlying convictions are older than the removal orders.

Because this analysis is based on the date of removal rather than the date of conviction, it

underestimates the age of the convictions.4

The chart suggests that approximately 50% of the class members have convictions that

are a decade or more old, and that an additional 36% percent have convictions that are four to ten

years old. While these numbers likely understate the age of the offenses, the available data

suggests that many class members have criminal records that are quite old.

4 It is my understanding that some class members do not have criminal records at all. It is also possible that some class members have criminal convictions that post-date the year when they were ordered removed.

13 Case 2:17-cv-11910-MAG-DRG ECF No. 473-79 filed 11/01/18 PageID.13572 Page 15 of 33

Current Class Members’ Removal Order Year

Removal Order Year # % < 2008 151 49.5% 2008 – 2014 109 35.7% 2015 12 3.9% 2016 13 4.3% 2017 10 3.3% Unknown 10 3.3% TOTAL 305 100%

It is my understanding that the class members in the Hamama case were convicted of

crimes of various levels of seriousness. As noted above, the time elapsed since those crimes were

committed varies. Accordingly, any given class member’s “redemption time”, i.e. when their

likelihood of reoffending approximates that of the general population, will vary. However, it is

also clear that many of the class members are well past the point of redemption. Redemption

research provides convincing evidence that Hamama class members with old convictions and

subsequent clean records have no substantial risk of offending, and that the risk they pose is no

greater than the risk posed by a member of the general public.

The other two factors discussed above – a person’s age and employment history – are

also relevant to the likelihood that Hamama class members will reoffend. I have reviewed data

showing the years of birth for Iraqi nationals with final orders of removal. Among the individuals

who have been detained at any point since June 2017, 94% were born in 1988 or earlier, and are

thus 30 or older. 71% were born in 1978 or earlier, and are thus 40 or older. 33% were born in

1968 or earlier, and are thus 50 or older.

According to the age-crime curve in Figure 2, the rate of arrests in 2014 for individuals

ages 50-54 is less than a third of the arrest rate for those crimes among individuals aged 18,

which is near the peak of the age-crime curve, and for individuals aged 40-44 the rate is less than

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half of that for 18-year-olds, and for individuals aged 30-34 the rate is approximately 25 percent

less than that for 18-year-olds. Thus, given that over 90% of the individuals who have been

detained are older than 30 and at least a third of them are older than 50, not only is the likelihood

that Hamama class members will reoffend low in absolute terms, but for older class members it

is also very low in relative terms.

Although I did not receive any class-wide data on the employment of class members,

several of the named Plaintiffs have had a long period of stable employment and some have had

a history of running successful businesses. As such, according to both the age-graded theory of

informal social control and signaling research, these Plaintiffs possess very low risk of future

offending and pose little danger to society.

To understand how redemption and recidivism research applies here, I will provide brief

biographic profiles, with information that is relevant to this report, for two example cases:

Usama Jamil Hamama and Jami Derywosh. These profiles are based on those Plaintiffs’

declarations.

Mr. Hamama is an Iraqi national who entered the United States in 1974 at the age of 11;

he is currently 55 years old. He is married and has four children. He has held steady

employment in the U.S. since he was 17 years old. Mr. Hamama was convicted of felony assault

and possession of firearm and misdemeanor related to the possession of a firearm in a vehicle in

1988. He was sentenced to two years of imprisonment, about half of which he served in prison

and the other half in the community. This conviction, which is now over 20 years old, is his only

conviction. As a result of this conviction, Mr. Hamama has been subject to an order of removal

to Iraq since 1994 and has been under an order of supervision only since 2011. He has been

required to check in with ICE only once a year. The empirical research shows that Mr. Hamama

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– who has one conviction from two decades ago, is in his 50s, and has steady employment –

presents very little risk of reoffending.

Mr. Derywosh is an Iraqi national who entered the United States in 1983 at the age of six;

he is currently 41 years old. He has been a successful businessman in the Chicago area who owns

three businesses employing between twenty and thirty people. He supports his elderly father and

his fiancée is pregnant with the couple’s first child. Mr. Derywosh was arrested for arson in 1994

and subsequently convicted of the crime. He was sentenced to seven years of imprisonment,

roughly half of which he served in prison. Apart from a 2009 municipal code violation, this over

20-year old conviction is his only offense. As a result of the conviction, Mr. Derywosh has been

subject to an order of removal since 1997 and has been under an order of supervision since 1999.

He has been required to check in with ICE only once a year. The empirical research shows that

Mr. Derywosh – who has one conviction from more than two decades ago, is in his 40s, and has

steady employment – presents very little risk of reoffending.

In sum, the research on redemption indicates that most Hamama class members pose a

very low risk of recidivism, most certainly lower than the general population risk benchmark

used in redemption research. Furthermore, based on criminological research, the relatively old

age and employment history of many of the class members are also indicative of a low risk of

offending.

IV. CONCLUSION

In sum, based on recidivism and redemption research, as well as criminological research

on employment and age, I conclude that many of the Hamama class members’ risk of

reoffending is very low; in fact it is lower than the benchmark of the general population’s risk of

arrest that is used in redemption research. The class members’ criminal records, which are in

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many cases decades old, are not a reliable indicator of risk of future re-offending or danger to the

community. There is no empirical data or research to support an assumption that these

individuals’ past criminal offenses make them a danger to the community at the present time.

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This report is signed on this 5th day of June, 2018 in College Park, Maryland.

______Kiminori Nakamura Case 2:17-cv-11910-MAG-DRG ECF No. 473-79 filed 11/01/18 PageID.13577 Page 20 of 33

APPENDIX A

Case 2:17-cv-11910-MAG-DRG ECF No. 473-79 filed 11/01/18 PageID.13578 Page 21 of 33

CURRICULUM VITAE

Kiminori Nakamura

1. Personal Information

Kiminori Nakamura University of Maryland Department of Criminology and Criminal Justice 2220 LeFrak Hall College Park, MD 20742 Phone: (301)405-5477 Email: [email protected]

Academic Appointment Assistant Professor, Department of Criminology and Criminal Justice, University of Maryland 2010- Faculty Associate, Population Research Center, University of Maryland, 2010-

Education Carnegie Mellon University, Pittsburgh, Pennsylvania Ph.D. Public Policy and Management, 2010 H. John Heinz III College Dissertation: “Redemption in the Face of Stale Criminal Records Used in Background Checks” Committee: Alfred Blumstein, Daniel Nagin, Melvin Stephens William W. Cooper Doctoral Dissertation Award, 2011

University of California, Irvine M.A. Demographic and Social Analysis, 2005 B.A. Criminology, Law and Society, 2004 Magna cum Laude

2. Research and Scholarship

a. Articles published/R&R in Refereed Journals

Harris, Heather, Kiminori Nakamura, and Kristofer Bucklen. 2018. “Do Cellmates Matter? A Causal Test of the Schools of Crime Hypothesis with Implications for Differential Association and Deterrence Theories.” Criminology 56:1 87-122.

Nakamura, Kiminori. 2017. “Careful What you Wish for: Redemption or Risk-Based Employment Screening.” (Policy Essay) Criminology & Public Policy 16:3 1009-1016.

Testa, Alexander, Lauren Porter, and Kiminori Nakamura. 2017. “Examining All-cause and Cause-specific Mortality among Former Prisoners in Pennsylvania.” Justice Quarterly.

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Nakamura, Kiminori and Kristofer Bucklen. 2014. “Recidivism, Redemption, and Desistance: Understanding Continuity and Change in Criminal Offending and Implications for Interventions.” Sociology Compass 8:4 384-397.

Blumstein, Alfred, and Kiminori Nakamura. 2009. “Redemption in the Presence of Widespread Criminal Background Checks." Criminology 47:2 327-359.

Nakamura, Kiminori, Nicolette Bell, Kristofer Bucklen. “Effects of Prison Visitation on Recidivism” (R&R)

Glazener, Emily and Kiminori Nakamura, “Exploring the Link between Prison Crowding and Inmate Misconduct: Evidence from Prison-Level Panel Data” (R&R)

b. Book Chapters

Nakamura, Kiminori, and Alfred Blumstein. “Redemption for Sex Offenders.” In press. In Sex Offenders: A Criminal Career Approach, eds. Arjan Blockland, Brijder Verslavingszorg, and Patrick Lussier. Wiley Publishing.

c. Manuscripts under review and in preparation

Nakamura, Kiminori, George Tita, and David Krackhardt. “Violence in the ‘Balance’: A Structural Analysis of How Rivalries, Allies, and Third-Parties Shape Inter-Gang Violence”

Nakamura, Kiminori. “Estimating the Timing of Parole Discharge Based on the Concept of ‘Redemption’”

Nakamura, Kiminori, Kathleen Frey and Kristofer Bucklen, “Short- and Long-Term Effects of Halfway Houses on Recidivism”

d. Other Publications

“Crime Risk Analysis of the Anacostia Trail System” (with Emily Walter) 2018

“A Review of the Literature on Collateral Consequences and the Information Value of Prior Criminal History, and Recommendations for the Consideration of the Workgroup” A Report to the Workgroup on Collateral Consequences of Convictions, Governor’s Office on Crime Control & Prevention (With Emily Glazener and Jinney Smith) 2016

Recidivism Report 2013. Pennsylvania Department of Corrections.

Nakamura, Kiminori and Douglas Weiss. February 20, 2012. “Measuring Recidivism in the District of Columbia” (technical Final report submitted to the Criminal Justice Coordinating Council of the Government of District of Columbia.

Blumstein, Alfred, and Kiminori Nakamura. 2010. “Process of Redemption Should be Built into the Use of Criminal-History Records for Background Checking.” In Contemporary Issues in Criminal Justice Policy: Policy Proposals from the American Society of Criminology Pp. 37-52. eds. Natasha Frost, Joshua D. Freilich, and Todd R. Clear. Belmont, CA: Wadsworth.

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Blumstein, Alfred, and Kiminori Nakamura. 2010. “‘Redemption’ from stale criminal records in the face of widespread background checking.” The Correctional Psychologist 42:11-14.

e. Invited Talks and Professional Presentations

Invited Talks

“Redemption: Applications and Methods” Executives of Probation & Parole Network organized by the the National Institute of Corrections, Washington DC, October, 2012.

“Redemption: Applications and Methods” Urban Chiefs Network organized by the National Institute of Corrections, Washington DC, September, 2012.

“Desistance, Redemption and the Use of Criminal History Record Information” (with Alfred Blumstein) SEARCH 2012 Annual Membership Meeting, Cincinnati, OH, July, 2012.

“The Concept of Redemption and its Impact on Reinvestment Strategies” Evidence-based Sentencing and Navigating the Risk and Needs Principle organized by the International Community Corrections Association (ICCA), Reno, NV, May, 2012.

“Redemption in an Era of Widespread Use of Criminal Background Checks” (testimony with Alfred Blumstein) National Association of Criminal Defense Lawyers Task Force on Restoration of Rights and Status After Conviction, Cleveland, OH, April, 2012.

“Criminal Background Checks and Setting Public Policy: What Does the Latest Empirical Data Show Us: Due Diligence, Background Checks and Employment” organized by the US Chamber of Commerce, Washington, DC, March, 2012.

“Redemption: Applications and Methods” Pennsylvania Department of Corrections, Camp Hill, PA, March, 2012.

“Redemption in the Face of Stale Criminal Records Used for Background Checks” The Netter Symposium organized by Cornell University School of Industrial and Labor Relations, New York, December, 2011.

“Redemption in the Face of Stale Criminal Records Used for Background Checks” NIJ Community Corrections Research Topical Working Group, Washington DC, November, 2011.

“Redemption in the Face of Stale Criminal Records Used for Background Checks” (Plenary presentation with Alfred Blumstein) The 19th Annual International Community Corrections Association (ICCA) Research Conference. Cincinnati, OH, September 2011.

“Redemption in the Face of Stale Criminal Records Used for Background Checks” (with Alfred Blumstein)

“Taking on the Challenges Facing Workers with Criminal Records” organized by the National Employment Law Project and the Community Legal Services. Washington DC, April 2011.

“Business Intelligence and Predictive Analytics in Criminal Justice” (invited panelist)

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Optimal Solutions Group, LLC's Real-Time Seminar, College Park, MD, February 2011.

“Redemption in the Face of Stale Criminal Records Used for Background Checks” Symposium: Undoing the Effects of Mass Incarceration, George Mason University, Fairfax, VA, January 2011.

“Are Criminal Background Checks Misleading Employers?” Forum by The Job Opportunities Task Force and ReEntry of Ex-Offenders Clinic at the University of Maryland School of Law, Baltimore, MD, November 2010.

“Redemption in the Face of Stale Criminal Records Used for Background Checks” (with Alfred Blumstein) Ohio Ex-Offender Reentry Coalition meeting, Ohio Department of Rehabilitation and Correction, Columbus, OH, September 2010.

“Redemption in the Face of Stale Criminal Records Used for Background Checks” (with Alfred Blumstein) New York Division of Criminal Justice Services, Albany, NY, July 2010.

“Redemption in an Era of Widespread Background Checking” (with Alfred Blumstein) Occasional Series on Reentry Research, John Jay College of Criminal Justice, New York, March 2009. “Redemption in the Presence of Background Checking - Some Preliminary Results” (with Alfred Blumstein) “Fair Use of Criminal Records in Employment" conference, organized by the American Bar Association's Commission on Effective Criminal Sanctions, Washington, D.C., January 2008.

Presentations

“Exploring The Role Of Concentrated Reentry In The Relationship Between Halfway Houses And Recidivism” (with Rochisha Shukla) American Society of Criminology, November 2017.

“Exploring the Relationship Between Crime Free Time and Recidivism: Estimating Redemption Points for Parolees” (with Nicole Frisch and Bret Bucklen) American Society of Criminology, November 2016.

“Evaluating the Impact of Ban the Box on Recidivism and Employment Outcomes: A Case in Pennsylvania” American Society of Criminology, November 2015.

“Exploring the Effects of Residential Relocation Through Community Corrections Centers on Recidivism: An Experiment” American Society of Criminology, November 2014.

“Effects of Prison Visitation on Recidivism” American Society of Criminology, November 2013.

“Exploring the Timing of Early Parole Discharge” American Society of Criminology, Chicago, IL, November 2012.

“Redemption for Reintegrating Prisoners: Preliminary Results” American Society of Criminology, Chicago, IL, November 2012.

“Estimating Redemption Times for Ex-Offenders with Stale Criminal Records” Association for Public Policy Analysis & Management Fall Research Conference, Baltimore, MD, November 2012.

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“Determining the Timing of Parole Discharge Based on the Concept of Redemption: Preliminary Results” (with Kristofer Bret Bucklen) American Society of Criminology, Washington DC, November 2011.

“Triadic Analysis of Peer Infuence on Delinquency: Application of Simmelain Tie Theory” (with Douglas Weiss) American Society of Criminology, Washington DC, November 2011.

“Examining the Redemption Process in the Context of Employer Concern about Particular Types of Crime” American Society of Criminology, Washington DC, November 2011.

“Redemption in an Era of Increasing Use of Criminal Background Checks” The 16th Congress of the International Society of Criminology, Kobe, Japan. August 2011.

“Redemption: The Effect of Prior Criminal History and Racial Differences in Risk Profiles” American Society of Criminology, San Francisco, November 2010.

“Redemption for Sex Offenders” American Society of Criminology, San Francisco, November 2010.

“Is Redemption Possible with Widespread Use of Criminal Background Checks?” Middle Atlantic States Correctional Association, Atlantic City, June 2010.

“Is Redemption Possible with Widespread Use of Criminal Background Checks?” Defendant Offender Workforce Development Conference, Dallas, April 2010.

“Process of Redemption Should be Built into the Use of Criminal-History Records for Background Checking” American Society of Criminology, Philadelphia, November 2009.

“Robustness Testing of Redemption Estimates” American Society of Criminology, Philadelphia, November 2009.

The National Consortium for Justice Information and Statistics (SEARCH) Membership Group Meeting, Washington, D.C., November 2009.

The Herbert M. Singer and Richard Netter Conference “Race, Criminal Records and Employment: Legal Practice and Social Science Research”, New York, October 2009.

“Redemption in an Era of Widespread Background Checking” American Correctional Association 2009 Congress of Correction, Nashville, August 2009.

“Criminal Background Checks and Hiring Ex-Offenders” National Institute of Justice Annual Conference, Washington, D.C., June 2009.

“Developments in Redemption” American Society of Criminology, St. Louis, November 2008.

“Redemption in the Presence of Widespread Criminal Background Checks” American Society of Criminology, Atlanta, November 2007.

“Gang Territory and Community Social Networks” American Society of Criminology, Toronto, Canada, November 2006. “Street Gangs: Structure and Violence” Sunbelt Conference, Vancouver, Canada, April 2006.

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h. Grants and Contracts

“Exploring the Effects of Residential Relocation Through Community Corrections Centers on Recidivism: An Experiment” (PI). Pennsylvania Commission on Crime and Delinquency, July 2013-. $130,000.

“Determining the Timing of Parole Discharge Based on the Concept of ‘Redemption’” (PI). National Institute of Justice, August 2011-. $200,000.

“Assessment of the Criminal Justice Information System” (PI) For the Maryland Department of Public Safety and Correctional Services. 2011-2012. $70,000.

“Measuring Recidivism in the District of Columbia” (PI) For the Government of the District of Columbia (Criminal Justice Coordinating Council) 2011. $43,000.

“The Immigration-Crime Nexus in the Context of Prisoner Reentry and Parolee Recidivism” (PI) The 2011 College of Behavioral and Social Sciences Dean's Research Initiative.

“Extension of Current Estimates of Redemption Times: Robustness Testing, Out-of-State Arrests, and Racial Differences” (Co-PI with Alfred Blumstein). National Institute of Justice, October 2009-June2011. $250,000.

“Potential for Redemption in Criminal Background Checks” (Co-PI with Alfred Blumstein). National Institute of Justice, June 2007-June 2010. $60,000.

3. Teaching, Mentoring and Advising.

a. Courses Taught Seminar in Corrections (13), Introduction to Criminology (100-200), Treatment of Offenders and Delinquents (30-50), Crime and Delinquency Prevention (30-50)

b. Advising

Ph.D. Dissertation Committee Co-Chair Kathleen Frey (2018) Mariel Alper (2014)

Ph.D. Dissertation Committee Member: Kristofer Bucklen (2014) Heather Harris (2014) Katie Zafft (2014) David Mazieka (2014) Dawn Daggett (2014) Patricia Breen (2014) Mauri Matsuda (2014) Stephen Mcguinn (2013)

c. Teaching Innovations

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“Introduction to Social Network Analysis” Presentations University of Maryland, Department of Criminology and Criminal Justice, Lecture Series in Statistical Applications in Criminology and Criminal Justice. April 2011.

“Social Network Analysis for Criminologists” American Society of Criminology, San Francisco, November 2010.

4. Service and Outreach

a. Grant and Journal Refereeing

National Institute of Justice Criminology Journal of Quantitative Criminology Criminology & Public Policy Journal of Criminal Justice Journal of Research in Crime and Delinquency American Sociological Review Social Forces Social Problems Journal of Empirical Legal Studies

b. Campus Service

Summer Research Initiative Mentor, College of Behavioral and Social Sciences, 2015 Advising: “Risk Assessment Tool Literature Review” by Megan E. Collins 2014 Statistics and Admissions Committees, Department of Criminology and Criminal Justice, 2010, 2011, 2012, 2013, 2014, 2016

c. Community Engagement

Workgroup on the Public Safety of the Anacostia Trail System, 2017-2018

d. Consulting

Expert retained by Outten & Golden LLP in the case Evelyn Houser, et al., v. Penny Pritzker, Secretary, U.S. Department of Commerce Expert retained by NAACP LDF in the case Waldon, et al. v. Cincinnati Public Schools Expert retained by Morrison & Foerster LLP in the case Hardie v. NCAA Expert report provided for Community Legal Services, Inc in the case Peake v. the Commonwealth of Pennsylvania

e. Media Activities

“To Curb repeat offenders, the Bay State takes inmates back to school” The Christian Science Monitor, March 8, 2018.

“The Inmate Economy: Sheriffs Shuffle Prisoners to Battle Overcrowding” WFYI, March 5, 2018.

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“Paying a Price, Long After the Crime.” The New York Times Op-Ed, January 9, 2012

“Criminal History and Employment" by Len Sipes. DC Public Safety Radio, June 13, 2012.

“Internet Lets a Criminal Past Catch Up Quicker" by Erica Goode. New York Times, April 28, 2011.

“Shedding the Stigma of Prison: Cultural, Personal Changes Will Help Ex-Inmates Find Redemptive Place in Society, Advocates Say" by Martin Ricard. The Washington Post, September 05, 2009.

5. Awards and Honors

The Pioneer Institute Better Government Competition 2015 Runner Up: Paying for Success in Community Corrections (with Bret Bucklen) Carnegie Mellon University Fellowships William W. Cooper Doctoral Dissertation Award, 2011 Elected to Sigma Xi, 2010 H. John Heinz III College Doctoral Fellowship, 2006-2010

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APPENDIX B

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Information Considered in Forming Opinions

Case-Related Documents Hamama v. Adducci Litigation Documents • Second Amended Petition, Doc. 118 • Usama Hamama Redacted Declaration, Doc. 138-6 • Adel Shaba Redacted Declaration, Doc. 138-5 • Jami Derywosh Redacted Declaration, Doc. 138-12 • Habil Nissan Redacted Declaration, Doc. 138-16 • Margo Schlanger Declaration, Doc. 174-3 • Data on age of Hamama class members

In re N.A.M., 24 I&N (BIA 2017)

Immigration and Nationality Act: Section 241 (Detention and Removal of Aliens Ordered Removed)

Chart of Years of Birth of Iraqis with Final Order of Removal

Academic References Beck, Allen J. and Bernard E. Shipley. 1997. Recidivism of Prisoners Released in 1983. Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics.

Blumstein, Alfred, David P. Farrington, and Soumyo Moitra 1985. ‘Delinquency Careers: Innocents, Desisters, and Persisters.’ Crime and Justice 6:187–219.

Blumstein, Alfred, and Kiminori Nakamura. 2009. Redemption in the Presence of Widespread Criminal Background Checks. Criminology 47:2 327-359.

Blumstein, Alfred, and Kiminori Nakamura. 2012. Extension of Current Estimates of Redemption Times: Robustness Testing, Out-of-State Arrests, and Racial Differences. Final report for the National Institute of Justice Grant #2009-IJ-CX-0008. Washington, DC: U.S. Department of Justice.

Brame, Robert, Michael G. Turner, Raymond Paternoster, and Shawn D. Bushway. 2012. Cumulative prevalence of arrest from age 8 to 23 in a national sample. Pediatrics 129:21-27.

Bushway, Shawn D. and Robert Apel. 2012. A signaling perspective on employment-based reentry programming: Training completion as a desistance signal. Criminology & Public Policy 11:21-50.

Bushway, Shawn D., Paul Nieuwbeerta, and Arjan Blokland. 2011. The predictive value of criminal background checks: Do age and criminal history affect time to redemption? Criminology 49:27-60.

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Christensen, Ronald. 1967. Projected percentage of U.S. population with criminal arrest and conviction records. In The President’s Commission on Law Enforcement and Administration of Justice, Task Force Report: Science and Technology, Appendix J. Washington, DC: U.S. Government Printing Office.

Denver, Megan, Justin T. Pickett, and Shawn D. Bushway. 2017. Criminal records and employment: A survey of experiences and attitudes in the United States. Justice Quarterly. https://doi.org/10.1080/07418825.2017.1340502

Desmarais, Sarah L. and Jay P. Singh, 2013. Risk assessment instruments validated and implemented in correctional settings in the United States. New York: Council of State Governments Justice Center.

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Farrington, David. P. 1986. Age and crime. In Crime and Justice: An Annual Review of Research, vol. 7, eds. Michael Tonry and Norval Morris. Chicago, IL: University of Chicago Press.

Federal Bureau of Investigation. 2003. Age-specific arrest rates and race-specific arrest rates for selected offenses, 1993-2001. Washington, DC: U.S. Department of Justice.

Giordano, Peggy C., Stephen A. Cernkovich, and Jennifer L. Rudolph. 2002. Gender, crime, and desistance: Toward a theory of cognitive transformation. American Journal of Sociology, 107 , 990–164.

Hirschi, Travis and Michael Gottfredson. 1983. Age and the explanation of crime. American Journal of Sociology 89:552-584.

Holzer, Harry J., Steven Raphael, and Michael A. Stoll. 2003, March. Employer demand for ex- offenders: Recent evidence from Los Angeles. Paper presented at the Urban Institute Roundtable on Offender Re-Entry, New York.

Holzer, Harry J., Steven Raphael, and Michael A. Stoll. 2004. Will Employers Hire Ex- Offenders? Employer Preferences, Background Checks, and Their Determinants. In Imprisoning America: The Social Effects of Mass Incarceration, eds. Mary Patillo, David F. Weiman, and Bruce Western. New York: Russell Sage Foundation.

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Kurlychek Megan C., Robert Brame, and Shawn D. Bushway. 2007. Enduring risk? Old criminal records and predictions of future criminal involvement. Crime & Delinquency 53:64-83.

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Lageson, Sarah E., Mike Vuolo, and Christopher Uggen. 2015. Legal ambiguity in managerial assessments of criminal records. Law & Social Inquiry 40:175-204.

Langan, Patrck A. and David J. Levin. 2002. Recidivism of Prisoners Released in 1994. Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics.

Laub, John H. and Robert J. Sampson. 2003. Shared beginnings, divergent lives: Delinquent boys to age 70. Cambridge, MA: Harvard University Press.

Maltz, Michael D. 1984. Recidivism. Orlando, FL: Academic Press.

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Pager, Devah. 2003. The mark of a criminal record. American Journal of Sociology 108:937-975.

Paternoster, Raymond and Shawn D. Bushway 2009. Desistance and the “feared self”: Toward an identity theory of criminal desistance. The Journal of Criminal Law and Criminology, 99:1103–1155.

Petersilia, Joan 2003. When Prisoners Come Home. New York: Oxford University Press.

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Piquero, Alex R., David P. Farrington, and Alfred Blumstein 2003. ‘The Criminal Career Paradigm. In Crime and Justice: A review of research, vol. 30, edited by Michael Tonry. Chicago, IL: University of Chicago Press.

Sampson, Robert J. and John H. Laub 1993. Crime in the Making: Pathways and Turning Points Through Life. Cambridge, MA: Harvard University Press.

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Society for Human Resource Management. 2012. Background Checking: The Use of Criminal Background Checks in Hiring Decisions.

Soothill, Keith, and Brian Francis. 2009. When do ex-offenders become like non-offenders? Howard Journal of Criminal Justice 48:373-387.

Travis, Jeremy 2005. But They All Come Back: Facing the Challenges of Prisoner Reentry. Washington, DC: The Urban Institute Press.

Uggen, Christopher. 1999. Ex-offenders and the conformist alternative: A job quality model of work and crime. Social Problems 46:127-151.

Vuolo, Mike, Sarah Lageson, and Christopher Uggen. 2017. Criminal record questions in the era of “ban the box”. Criminology & Public Policy 16:139-165.

Visher, Christy A., Sara A. Debus, and Jennifer Yahner. 2008. Employment After Prison: A Longitudinal Study of Releasees in Three States. Justice Policy Center Research Brief. Washington, DC: Urban Institute.

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EXHIBIT 20 Case 2:17-cv-11910-MAG-DRG ECF No. 473-80 filed 11/01/18 PageID.13592 Page 2 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

USAMA JAMIL HAMAMA, et al.,

Petitioners and Plaintiffs, Case No. 2: 17-cv-11910 V. Hon. Mark A. Goldsmith Mag. David R. Grand REBECCA ADDUCCI, et al., Class Action Respondents and Respondents.

RESPONDENT/DEFENDANT U.S. DEPARTMENT OF HOMELAND SECURITY'S RESPONSES TO PETITIONER/PLAINTIFF ANWAR HAMAD'S INTERROGATORIES TO RESPONDENT KIRSTJEN NIELSEN

I. PRELIMINARY STATEMENT

Respondent U.S. Department of Homeland Security ("DHS") has not, at this time, fully completed its discovery and investigation in this action. All information contained herein is based solely upon such information and evidence as is available and known to Respondent DHS upon information and belief at this time. Further discovery, investigation, research and analysis may supply additional facts, and meaning to currently known information. Consistent with Fed. R. Civ. P. 26(e), Respondent DHS will amend any and all responses herein as additional facts are ascertained, legal research is completed, and analysis is undertaken.

II. GENERAL OBJECTIONS

1. DHS objects to the requests that impose or seek to impose any requirement or discovery obligation greater than or different from those under the Federal Rules of Civil Procedure and the applicable Local Rules and Orders of the Court.

2. DHS objects to the requests to the extent they seek disclosure of information protected under the attorney-client privilege, deliberative process privilege,

1 Case 2:17-cv-11910-MAG-DRG ECF No. 473-80 filed 11/01/18 PageID.13593 Page 3 of 8

law enforcement privilege, attorney work-product doctrine, or any other applicable privilege or immunity. Should any such disclosure by DHS occur, it is inadvertent and shall not constitute a waiver of any privilege or immunity.

3. DHS reserves all objections as to the competence, relevance, materiality, admissibility, or privileged status of any information provided in response to these requests, unless DHS specifically states otherwise.

Subject to and without waiving the foregoing objections and consistent with the Joint Statement of Issues, ECF No. 235, DHS provides the following responses:

1. Explain your understanding of the process by which Respondents seek and the GOI determines whether to allow the repatriation of an Iraqi National, including: a. Describing each step of the process of obtaining travel documents or authorization for repatriation, from start to finish, both by Respondents and, to Respondents' knowledge, by the GOI; b. Identifying each document used as part of the process of obtaining travel documents or authorization for repatriation, either by the Respondents or by the GOI; c. Describing how the process of obtaining travel documents or authorization for repatriation, including but not limited to the outcomes of that process, is affected by an Iraqi National's expressed desire (written or verbal) to return or expressed desire (written or verbal) not to return to Iraq; d. Describing your understanding of the process and criteria the GOI employs to determine whether or not an Iraqi National qualifies as a "voluntary removal," as the term is used in Interrogatory-First Set No. 1, DHS's Second Supplemental Responses ("the Embassy can issue travel documents for voluntary removals, but Baghdad will approve travel documents required for other Iraqi Nationals"), for whom the Embassy can issue travel documents; e. Describing each and every step taken by Respondents and by "Baghdad," as that term is used in Interrogatory-First Set No. 1, DHS's Second Supplemental Responses, to process travel document requests for Iraqi Nationals who do not qualify as "voluntary removals," including the names and job titles of all persons involved both from the U.S. government and the GOI; f. Describing the potential outcomes for the process of obtaining travel documents (e.g., issuance of a passport, laissez passer, or other document, or denial on what bases); 2 Case 2:17-cv-11910-MAG-DRG ECF No. 473-80 filed 11/01/18 PageID.13594 Page 4 of 8

g. Describing the potential outcomes for the process of obtaining authorization for repatriation; h. Describing the remaining steps in the removal process after the travel document or repatriation processes have reached an outcome, both if the document/authorization is granted and if denied.

RESPONSE:

Respondent DHS refers Petitioners/Plaintiffs to the DHS responses and objections to Plaintiff/Petitioner Usama Jamil Hamama's First Set of Interrogatories. Respondent DHS has no additional responsive information.

2. Describe all criteria known to you to be used by the GOI to determine what kind of travel document to issue for an Iraqi National: laissez passer (one-way travel document), Iraqi passport, or other specified document.

RESPONSE:

Respondent DHS objects to this interrogatory on the grounds that it fails to comply with Fed. R. Civ. P. 33(a)(l) as the propounding party has exceeded the limit of interrogatories. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than twenty-five (25) written interrogatories, including all discrete subparts. Fed. R. Civ. P. 33(a)(l ). Taking into account the first set of interrogatories served on DHS, by Interrogatory No. l(h) in Petitioners' second set of interrogatories, Petitioners' have exceeded the 25 interrogatory limit.

Respondents have adopted and applied the related question test to determine whether the subparts of Petitioners' interrogatories are in fact "discrete." State Farm Mut., Auto. Ins. Co. v. Pain & Injury Rehab. Clinic, Inc., 2008 U.S. Dist. LEXIS 50507, 2008 WL 2605206 at *2 (E. D. Mich., June 30, 2008) (quoting Trevino v. ABC Am., Inc .. , 232 F.R.D. 612, 614 (N.D. Cal. 2006)); see also Oates v. Target Corp., 2012 U.S. Dist. LEXIS 177966, at *5 (E.D. Mich. Dec. 17, 2012); Wilkinson v. Greater Dayton Reg'! Transit Auth., No. 3:l l-cv-00247, 2012 U.S. Dist. LEXIS 114025, at *7- 9 (S. D. Ohio Aug. 14, 2012) (quoting Kendall v. GES Exposition Services, Inc., 174 F.R.D. 684, 685-86 (D. Nev. 1997) (finding that "[o]nce a subpart of an interrogatory introduces a line of inquiry that is separate and distinct from the inquiry made by the portion of the interrogatory that precedes it, the subpart must be considered a separate interrogatory no matter how it is designated").

Petitioners' first set of interrogatories nos. 4; 6(a); 6(b); 6(c); 6(d); 6(e); 7(a);

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7(b ); 7( c ); and 7( d) introduce lines of inquiries that are separate, distinct, and not discrete. Id. Therefore, Petitioners' first set of interrogatories were in fact 19 interrogatories rather than 12 as designated.

Petitioners' second set of interrogatories nos. l(e); l(f); l(g); and l(h) introduce separate lines of inquiry that are separate, distinct, and not discrete. This means the 25 interrogatory limit under Federal Rule of Civil Procedure 33(a)(l) was met in Petitioners' second set of interrogatories by Interrogatory No. 2. All subsequent interrogatories, including this interrogatory, exceed the 25 interrogatory limit.

3. DHSHAMAMA000089 (in the version with redactions modified by the Court) states: "Note: DHS is working with Iraq and STATE to finalize a draft MOU on repatriations and the return of Iraqi nationals under final orders of removal." a. Provide the date of the document provided as DHSHAMAMA000089; b. Identify each draft of the MOU; c. Identify the finalized MOU; and d. If the MOU was never finalized, describe the reasons why and the current status, if any, of discussions regarding the MOU.

RESPONSE:

4. Michael Bemacke, in his December 22, 2017 declaration, ECF 184-3, ,r,r 6, 9, stated that the GOI had agreed to allow repatriations of Iraqi Nationals without travel documents, on the basis of an approved flight manifest for a charter flight, and John Schultz, in his declaration of July 20, 2017, ECF 81-4, ,r 7, stated that 8 Iraqi Nationals were repatriated on such a charter flight in April 2017: a. Describe your understanding of the current status of the GOI willingness to allow the repatriation of Iraqi Nationals without travel documents; b. Identify the basis of that understanding; c. If there was a change from April 2017 to the present in the GOI willingness to allow repatriations of Iraqi Nationals without travel documents, describe the change and your understanding of its cause.

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RESPONSE:

Respondent DHS objects to this interrogatory because it fails to comply with Fed. R. Civ. P. 33(a)(l) as the propounding party has exceeded the limit of interrogatories._Respondent incorporates by reference its response to Interrogatory No. 2 above. 5. In several responses to prior discovery requests, Respondents have referred to GOI "form[s]" related to travel documents. a. Are the forms referred to in the three statements cited in the footnote to this Interrogatory the same? b. Are the referenced forms the document attached as Exhibit B? c. If the referenced forms are not the document attached as Exhibit B, identify each referenced form. d. Identify each other GOI form you are aware is sometimes or always used in the travel document or repatriation process.

RESPONSE:

6. Not applicable to DHS. 7. Not applicable to DHS. 8. Not applicable to DHS. 9. Not applicable to DHS. 10. In several documents, Respondents have stated that GOI travel document decisions for Iraqi Nationals who declined to sign a GOI form stating that they were willing to return to Iraq are "pending." Describe the following: a. Your understanding of the steps in "different internal GOI process," including the roles of each office, department, organization, committee, etc., involved. b. For each Iraqi National who declined to sign a GOI form stating that they were willing to return to Iraq, state: 1. each step that Respondents have taken in furtherance of their request for travel documents or repatriation; 11. any updates or responses the GOI has provided to that request, including who provided those responses, in what form, to whom, and when; and 5 Case 2:17-cv-11910-MAG-DRG ECF No. 473-80 filed 11/01/18 PageID.13597 Page 7 of 8

111. the outcome (with date) or current status of the process.

RESPONSE:

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VERIFICATION

I, Matthew H. King declare under penalty of perjury:

I am employed by the U.S. Department of Homeland Security, Office of International Affairs, as the Deputy Assistant Secretary, Office of International Engagement.

I have read and know the contents of these responses. These responses were prepared after obtaining information available to DHS through its officers and employees and through its documents and records. These responses, subject to inadvertent and undiscovered errors, are based upon, and necessarily limited by, the records and information still in existence, able to be located, presently recollected, an thus far discovered in the course of preparing these responses. The responses regarding DHS are true and correct to the best of my knowledge, information, and belief.

Executed on

Matthew H. King \ Deputy Assistant Secretary Office of International Engagement U.S. Department of Homeland Security

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EXHIBIT 21 Case 2:17-cv-11910-MAG-DRG ECF No. 473-81 filed 11/01/18 PageID.13600 Page 2 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

USAMA JAMIL HAMAMA, et al.,

Petitioners and Plaintiffs, Case No. 2:17-cv-11910 v. Hon. Mark A. Goldsmith Mag. David R. Grand REBECCA ADDUCCI, et al., Class Action

Respondents and Defendants.

RESPONDENT U.S. DEPARTMENT OF HOMELAND SECURITY’S RESPONSES AND OBJECTIONS TO PETITIONERS’ SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS TO RESPONDENTS

Pursuant to Federal Rule of Civil Procedure 26 and 34, Respondent Department of Homeland Security (“DHS”), by and through undersigned counsel, hereby respond and object to Petitioners’ Second Set of Requests for Production of Documents and Things. GENERAL OBJECTIONS 1. The following General Objections apply to and are incorporated in each individual response. 2. Respondent DHS objects to the extent that Petitioners seek information protected from disclosure by the attorney-client privilege, attorney work product doctrine, deliberative process privilege, law enforcement / investigatory files privilege, self-critical analysis privilege, executive privilege, the Machin privilege (see Machin v. Zuckert, 316 F.2d 336 (D.C. Cir. 1963)), and other applicable privileges or prohibitions on disclosure. Respondent DHS also objects to the extent that Petitioners’ second requests for production of documents and things seeks information not covered by the Amended 1 Case 2:17-cv-11910-MAG-DRG ECF No. 473-81 filed 11/01/18 PageID.13601 Page 3 of 8

Protective Order in this case and that may be otherwise protected from disclosure under the Privacy Act, 5 U.S.C. § 552a, DHS/DOJ policy regarding the application of the Privacy Act to “visitors and aliens,” the Freedom of Information Act, 5 U.S.C. 552, the Inspector General Act of 1978, 5 U.S.C. App. 3, §7(b), and other statutes, regulations or directives regarding the protection of privacy, confidential information or medical information, or under regulations preventing disclosure of specific alien information (such as, but not limited to: 8 U.S.C. §§ 1160(b)(5),(6), 1186A(c)(4), 1202(f), 1254a(c)(6), 1255A(c)(4),(5), 1304(b), and 1367(a)(2),(b),(c),(d), 22 U.S.C. §7105(c)(1)(C), 8 C.F.R. §§ 208.6, 210.2(e), 216.5(e)(3)(iii), 236.6, 244.16, 245a.2(t), 245a.3(n), 245a.21, 1003.46, and 1208.6), many of which would subject Respondent DHS to civil or criminal penalties or other sanctions in the event of unauthorized disclosure. Inadvertent disclosure of privileged information is not intended to be, and may not be construed as, a waiver of any applicable privilege. Respondent DHS further objects to the extent that Petitioners seek information created in response to this lawsuit. 3. This response is made without waiver of, and with express reservation of all questions as to competency, relevancy, materiality, and admissibility of the responses to production requests as evidence for any purpose in any further proceedings in this action (including the trial of this action) or in any other action. 4. Respondent DHS’s responses to Petitioners’ requests are based upon the information available at this stage of the litigation. Respondent DHS reserves the right to rely upon any facts, documents, or other evidence which may develop or come to its attention subsequent to this response. Likewise, Respondent DHS’s objections to Petitioners’ second requests for production of documents and things are based upon the information presently known by Respondent DHS, and are made without prejudice to Respondent DHS’s right to assert additional objections in the event that additional grounds for objections should be discovered by Respondent DHS subsequent to this response. 2 Case 2:17-cv-11910-MAG-DRG ECF No. 473-81 filed 11/01/18 PageID.13602 Page 4 of 8

5. The general objections and qualifications set forth above apply to each request. For convenience, they are not repeated after each request, but rather are set forth here and are incorporated into each response. The assertion of the same, similar, or additional objections or the provision of partial answers in the individual responses to these requests does not waive or modify any of Respondent DHS’s general objections. All documents withheld from production by DHS will be identified on a privilege log. 6. Without waiving the above objections, Respondent DHS will provide responses subject to the requirements of Fed. R. Civ. P. 34, and for supplementation of responses contained in Fed. R. Civ. P. 26(e), and subject to the terms of the Amended Protective Order. Respondent DHS reserves the right to supplement its objections to these requests at a later date.

DOCUMENT REQUESTS

1. Documents relied on, identified, or cited by Respondents in answering any interrogatory.

RESPONSE:

Respondent DHS objects to any production of documents covered by an appropriate privilege or prohibition on disclosure, and by responding here, Respondents have not waived the right to assert such privilege if and when it arises. Subject to and without waiving any objections, DHS responds as follows: DHS refers Plaintiffs/Petitioners to its previous document productions in this case and states that it has no additional documents responsive to this request.

2. All versions of the GOI “voluntary removal declaration” that Respondents have received, in Arabic and English. In particular, please provide the version referred to in ICE-0270696 (“They provided us an untranslated copy of the voluntary removal declaration to serve on the aliens as part of the updated application packet. We had it translated and verified the document was the declaration that we will not be serving to the detainees. Julius advised the embassy accordingly.”); the version this document was intended to replace; and any subsequent versions.

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RESPONSE:

DHS has no documents responsive to this request.

3. Documents referencing or otherwise relating to requests for “approval from Baghdad,” as that term is used in Interrogatory–First Set No. 3, ICE’s Supplemental Responses, or the “different internal GOI process” referred to in James Maddox’s declaration, ECF 311-3, ¶ 11.b, and discussions and communications with the GOI about such “approvals from Baghdad” or the “different internal GOI process.”

RESPONSE:

DHS refers Plaintiffs/Petitioners to its previous document productions in this case and states that it has no additional documents responsive to this request.

4. Documents referencing or otherwise relating to the GOI’s denial of repatriation or decision not to issue travel documents—either permanently or provisionally—to any Iraqi National.

RESPONSE:

DHS refers Plaintiffs/Petitioners to its previous document productions in this case and states that it has no additional documents responsive to this request.

5. All drafts and any final version of the MOU referenced in DHSHAMAMA000089.

RESPONSE:

DHS has no documents responsive to this request.

6. Any demarches issued to the GOI relating to repatriation of Iraqi Nationals, since 2015. See ICE-0271074.

RESPONSE:

DHS has no documents responsive to this request.

7. Documents referencing or otherwise relating to the GOI’s position regarding involuntary repatriation of Iraqi Nationals, including GOI documents in the possession of

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Respondents that relate to the GOI’s position on the voluntary or involuntary repatriation of Iraqi Nationals.

RESPONSE:

DHS refers Plaintiffs/Petitioners to its previous document productions in this case and states that it has no additional documents responsive to this request.

8. All ICE custody reviews of Iraqi Nationals since February 2018.

RESPONSE:

DHS has no documents responsive to this request.

9. For any Iraqi National for whom ICE or a federal judge has found no significant likelihood of removal in the reasonably foreseeable future, since July 24, 2018, all documents referring or relating to that determination.

RESPONSE:

DHS has no documents responsive to this request.

7. Any cables issued by the Department of State relating to repatriation, including the cable issued during or about March 2017 summarizing the outcomes of a meeting between the U.S. Embassy, Baghdad, and the Iraq Ministry of Foreign Affairs (MFA). See ICE-0270599.

RESPONSE:

DHS refers Plaintiffs/Petitioners to its previous document productions in this case and states that it has no additional documents responsive to this request.

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Dated: August 20, 2018 Respectfully submitted,

CHAD A. READLER Acting Assistant Attorney General Civil Division

WILLIAM C. PEACHEY Director, District Court Section Office of Immigration Litigation

WILLIAM C. SILVIS Assistant Director Office of Immigration Litigation

NICOLE MURLEY Trial Attorney Office of Immigration Litigation

/s/Cara E. Alsterberg CARA E. ALSTERBERG Office of Immigration Litigation District Court Section P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 Tel: (202) 532-4667 Fax: (202) 305-7000 Email: [email protected]

Attorneys for Defendants-Respondents

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CERTIFICATE OF SERVICE Case No. 2:17-cv-11910 I hereby certify that on August 20, 2018, I served the foregoing on Petitioners’ lead counsel of record via electronic mail:

Kimberly L. Scott (P69706) Cooperating Attorneys, ACLU Fund of Michigan MILLER, CANFIELD, PADDOCK & STONE, PLC 101 N. Main St., 7th Floor Ann Arbor, MI 48104 (734) 668-7696 [email protected]

Margo Schlanger (P82345) Cooperating Attorney, ACLU Fund of Michigan 625 South State Street Ann Arbor, Michigan 48109 (734) 615-2618 [email protected]

/s/ Cara E. Alsterberg Cara E. Alsterberg

U.S. Department of Justice

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EXHIBIT 22 Case 2:17-cv-11910-MAG-DRG ECF No. 473-82 filed 11/01/18 PageID.13608 Page 2 of 13 HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

USAMA JAMIL HAMAMA, et al.,

Petitioners and Plaintiffs, Case No. 2:17-cv-11910 Hon. v. Mark A. Goldsmith Mag. David R. Grand REBECCA ADDUCCI, et al., Class Action Respondents and Defendants.

RESPONDENT/DEFENDANT U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT'S RESPONSES TO PETITIONER/PLAINTIFF ANWAR HAMAD’S FIRST SET OF INTERROGATORIES TO RESPONDENT RONALD VITIELLO

Pursuant to Federal Rule of Civil Procedure 33, Respondent Immigration and Customs Enforcement (“ICE”), hereby objects and responds to Petitioner/Plaintiff Anwar Hamad’s First Set of Interrogatories to Respondent Ronald Vitiello as follows:

I. INTERROGATORIES

1. Explain your understanding of the process by which Respondents seek and the GOI1 determines whether to allow the repatriation of an Iraqi National, including: a. Describing each step of the process of obtaining travel documents or authorization for repatriation, from start to finish, both by Respondents and, to Respondents’ knowledge, by the GOI; b. Identifying each document used as part of the process of obtaining travel documents or authorization for repatriation, either by the Respondents or by the GOI;

1 The term “GOI” is defined in the Definitions, ¶E. As set out in Instructions, ¶F, in answering interrogatories about the Government of Iraq or GOI, identify the specific office(s), agency (agencies), department(s), entity (entities) or individual(s) referred to in your answer. 1 Case 2:17-cv-11910-MAG-DRG ECF No. 473-82 filed 11/01/18 PageID.13609 Page 3 of 13 HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER

c. Describing how the process of obtaining travel documents or authorization for repatriation, including but not limited to the outcomes of that process, is affected by an Iraqi National’s2 expressed desire (written or verbal) to return or expressed desire (written or verbal) not to return to Iraq; d. Describing your understanding of the process and criteria the GOI employs to determine whether or not an Iraqi National qualifies as a “voluntary removal,” as the term is used in Interrogatory–First Set No. 1, DHS’s Second Supplemental Responses (“the Embassy can issue travel documents for voluntary removals, but Baghdad will approve travel documents required for other Iraqi Nationals”), for whom the Embassy can issue travel documents; e. Describing each and every step taken by Respondents and by “Baghdad,” as that term is used in Interrogatory-First Set No. 1, DHS’s Second Supplemental Responses, to process travel document requests for Iraqi Nationals who do not qualify as “voluntary removals,” including the names and job titles of all persons involved both from the U.S. government and the GOI; f. Describing the potential outcomes for the process of obtaining travel documents (e.g., issuance of a passport, laissez passer, or other document, or denial on what bases); g. Describing the potential outcomes for the process of obtaining authorization for repatriation; h. Describing the remaining steps in the removal process after the travel document or repatriation processes have reached an outcome, both if the document/authorization is granted and if denied.

RESPONSE:

a. At present the process of obtaining travel documents or authorization for repatriation from the GOI is as follows: 1. ICE sends the GOI a request for a travel document to the Iraqi Embassy and a U.S. Department of State employee based in Iraq. The Department of State employee interfaces with GOI representatives in Iraq, presumably with the Ministry of Foreign Affairs. This includes providing a letter containing: limited biographical information associated with the alien(s), such as alien registration number, date of birth, criminal history in the United States; confirmation of the issuance of a final order of removal; and a statement that the final order is

2 The term “Iraqi National” is defined in the Definitions, ¶C, and is used throughout these interrogatories to include both Class Members and non-Class Members. 2 Case 2:17-cv-11910-MAG-DRG ECF No. 473-82 filed 11/01/18 PageID.13610 Page 4 of 13 HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER

administratively final. ICE also provides a copy of any documents showing indicia of Iraqi nationality, and the final order of removal. 2. If additional information is needed, the GOI will make a request for additional information to ICE and ICE will respond. 3. The GOI schedules an interview with the Iraqi National. 4. The GOI makes a determination regarding whether the information is sufficient to establish that the individual is Iraqi. If the GOI has requested additional information, no final decision is made until the GOI receives a response to that request. 5. The GOI will either issue a travel document or refuse to issue a travel document.

a. Documents used as part of the process of obtaining travel documents or authorization for repatriation include: a letter sent from ICE to the GOI containing the limited biographical information and statements as described in the response to 1a above, a Form I-217 Information for Travel Document or Passport, copies of documents showing indicia of Iraqi nationality, and a copy of the final order of removal. Although the GOI previously requested Iraqi Nationals to sign a form stating that they wished to return voluntarily to Iraq, it is Respondent ICE’s understanding that the GOI no longer requests Iraqi Nationals to sign this form.

b. At present, it is Respondent ICE’s understanding that the process of obtaining travel documents or authorization for repatriation from the GOI is not affected by an Iraqi National’s expressed desire (written or verbal) to return or expressed desire (written or verbal) not to return to Iraq. It is ICE’s understanding that the GOI is issuing travel documents for Iraqi nationals based on the process described in the responses to 1a and 1b regardless of voluntariness.

c. The GOI previously used a form to determine whether Iraqi Nationals wished to return voluntarily to Iraq, but it is Respondent ICE’s understanding that the GOI no longer requests Iraqi Nationals to sign this form. At present, it is Respondent ICE’s understanding that the process as outlined in the response to 1a and 1b of obtaining travel documents or authorization for repatriation from the GOI is the same for all Iraqi nationals, regardless of whether they wish to voluntarily return to Iraq.

d. At present, it is Respondent ICE’s understanding that the process as outlined in the response to 1a and 1b of obtaining travel documents or authorization for repatriation from the GOI is the same for all Iraqi nationals. Prior to June 2018, it is ICE’s understanding that the GOI may have distinguished between who signed and who did not sign the GOI form stating that an individual wished to voluntarily 3 Case 2:17-cv-11910-MAG-DRG ECF No. 473-82 filed 11/01/18 PageID.13611 Page 5 of 13 HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER

return to Iraq. In June 2018, ICE began sending providing additional information biographical information to the GOI as described in 1a to obviate the need for the GOI form. It is ICE’s understanding that the current process is what is described in 1a and 1b. The names and job titles of persons involved in the process of obtaining travel documents or authorization for repatriation from the GOI include: John Schultz, Deputy Assistant Director, Removal and International Operations (RIO), Enforcement and Removal Operations (ERO); Michael Bernacke, Unit Chief, RIO ERO; James Maddox, Detention and Deportation Officer, RIO ERO; and Yarub Al-Anpaqi, First Secretary, Iraqi Embassy.

e. At present, it is Respondent ICE’s understanding that the potential outcomes for the process of obtaining travel documents are approval of the travel document (which include laissez-passers), denial of the travel document because the individual is not an Iraqi National, issuance of a renewed passport, or a request for more information from ICE.

f. At present, it is Respondent ICE’s understanding that the process and potential outcomes for obtaining authorization for repatriation to Iraq is the same as obtaining travel documents from the GOI as described in the response to Interrogatories 1a, 1b, and 1f.

g. If a travel document is approved, ERO coordinates with ICE-Air to make arrangements to return the individual to Iraq. ICE objects to the interrogatory to the extent is call for describing the minutia of scheduling flights as it has no relevance on Petitioners’ Zadvydas claim. If the travel document is denied, ERO’s next steps would depend on the reason for denial. For example, if a travel document is denied because the GOI asserts that the individual is not an Iraqi national, ERO will attempt to obtain a travel document from a third country or the country of alleged citizenship. If there is no significant likelihood of removal in the reasonably foreseeable future, a custody decision will be made to release the individual, as appropriate.

2. Describe all criteria known to you to be used by the GOI to determine what kind of travel document to issue for an Iraqi National: laissez passer (one- way travel document), Iraqi passport, or other specified document.

RESPONSE:

Respondent ICE objects to this interrogatory on the ground that it fails to comply with Fed. R. Civ. P. 33(a)(1) as the propounding party has exceeded the limit of 4 Case 2:17-cv-11910-MAG-DRG ECF No. 473-82 filed 11/01/18 PageID.13612 Page 6 of 13 HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER

interrogatories. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than twenty-five (25) written interrogatories, including all discrete subparts. Fed. R. Civ. P. 33(a)(1). Taking into account the fact that this is the second set of interrogatories that Petitioners have served on Respondent ICE, by Interrogatory No. 1(h), in Petitioners’ second set of interrogatories, Petitioners’ have exceeded the 25 interrogatory limit.

Respondents have adopted and applied the related question test to determine whether the subparts of Petitioners’ interrogatories are in fact “discrete.” State Farm Mut., Auto. Ins. Co. v. Pain & Injury Rehab. Clinic, Inc., 2008 U.S. Dist. LEXIS 50507, 2008 WL 2605206 at *2 (E. D. Mich., June 30, 2008) (quoting Trevino v. ABC Am., Inc.., 232 F.R.D. 612, 614 (N.D. Cal. 2006)); see also Oates v. Target Corp., 2012 U.S. Dist. LEXIS 177966, at *5 (E.D. Mich. Dec. 17, 2012); Wilkinson v. Greater Dayton Reg'l Transit Auth., No. 3:11-cv-00247, 2012 U.S. Dist. LEXIS 114025, at *7-9 (S. D. Ohio Aug. 14, 2012) (quoting Kendall v. GES Exposition Services, Inc., 174 F.R.D. 684, 685- 86 (D. Nev. 1997) (finding that “[o]nce a subpart of an interrogatory introduces a line of inquiry that is separate and distinct from the inquiry made by the portion of the interrogatory that precedes it, the subpart must be considered a separate interrogatory no matter how it is designated”).

Petitioners’ first set of interrogatories nos. 4; 6(a); 6(b); 6(c); 6(d); 6(e); 7(a); 7(b); 7(c); and 7(d) introduce lines of inquiries that are separate, distinct and not discrete. Id. Therefore, Petitioners’ first set of interrogatories were in fact 19 interrogatories rather than 12 as designated.

Petitioners’ second set of interrogatories nos. 1(e); 1(f); 1(g); and 1(h) introduce separate lines of inquiries that are separate, distinct, and not discrete. This means the 25 interrogatory limit on Petitioners’ as imposed by Federal Rule of Civil Procedure 33(a)(1) was met in Petitioners’ second set of interrogatories by Interrogatory No. 2. All subsequent interrogatories, including this interrogatory, exceed the 25 interrogatory limit.

3. DHSHAMAMA000089 (in the version with redactions modified by the Court) states: “Note: DHS is working with Iraq and STATE to finalize a draft MOU on repatriations and the return of Iraqi nationals under final orders of removal.” a. Provide the date of the document provided as DHSHAMAMA000089; b. Identify each draft of the MOU; c. Identify the finalized MOU; and d. If the MOU was never finalized, describe the reasons why and the 5 Case 2:17-cv-11910-MAG-DRG ECF No. 473-82 filed 11/01/18 PageID.13613 Page 7 of 13 HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER

current status, if any, of discussions regarding the MOU.

RESPONSE:

Respondent ICE objects to this interrogatory on the ground that it fails to comply with Fed. R. Civ. P. 33(a)(1) as the propounding party has exceeded the limit of 25 interrogatories. Respondents incorporate by reference the response to Interrogatory No. 2 above.

4. Michael Bernacke, in his December 22, 2017 declaration, ECF 184-3, ¶¶ 6, 9, stated that the GOI had agreed to allow repatriations of Iraqi Nationals without travel documents, on the basis of an approved flight manifest for a charter flight, and John Schultz, in his declaration of July 20, 2017, ECF 81- 4, ¶ 7, stated that 8 Iraqi Nationals were repatriated on such a charter flight in April 20173: a. Describe your understanding of the current status of the GOI willingness to allow the repatriation of Iraqi Nationals without travel documents; b. Identify the basis of that understanding; c. If there was a change from April 2017 to the present in the GOI willingness to allow repatriations of Iraqi Nationals without travel documents, describe the change and your understanding of its cause.

RESPONSE:

5. In several responses to prior discovery requests, Respondents have referred to GOI “form[s]” related to travel documents.4

3 See also ICE-0271113 (“With regard to travel documents, the Goi agreed to have previously-reviewed plane manifests replace the need for travel documents for Iraqis for whom the USG can provide some evidence of Iraqi citizenship, i.e., valid or expired passports or national identification cards, or other Iraqi citizenship documentation. This was the ‘Haiti model’ we previously discussed with DHS.”); ICE-0271842 (“Removal and International Operations (RIO) is currently managing eight (8) cases involving Iraqi nationals who do not have travel documents (TD). RIO in conjunction with DOS in Baghdad has acquired permission to send these 8 subjects on a charter flight. Iraq will accept the cases with an approved manifest instead of TDs.”). 4 In response to Interrogatory–First Set No. 1, DHS’s Second Supplemental Responses stated: “As of January 9, 2018, DHS understood that the Government of Iraq . . . (4) would not require Iraqi Nationals to sign a form.” In response to Interrogatory– First Set No. 3, ICE’s Supplemental Responses stated: “The GOI has represented to ICE that additional approval from

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a. Are the forms referred to in the three statements cited in the footnote to this Interrogatory the same? b. Are the referenced forms the document attached as Exhibit B? c. If the referenced forms are not the document attached as Exhibit B, identify each referenced form. d. Identify each other GOI form you are aware is sometimes or always used in the travel document or repatriation process.

RESPONSE:

Instructions specific to Interrogatory 6: This interrogatory applies to all Iraqi Nationals, whether or not Class Members. It seeks some of the same information as was previously sought in ICE Interrogatory–First Set No. 6-7, and some additional information. To the extent any information sought was previously provided, that information shall be updated. With respect to subparts relating to GOI response, Respondents shall not respond with statements that “processing not completed due to court injunction” (or similar statements) unless Respondents have received specific communications from the GOI that the court injunction is the only reason why travel documents are not being issued. With respect to these same subparts, if Respondents’ response is that a “request will be processed,” specify all additional information or steps the GOI requires for processing and the date on which processing is likely to be completed.

6. For each Iraqi National for whom Respondents have sought travel documents from the GOI since March 1, 2017, provide the following: a. the name and A-number of the Iraqi National; b. the name of the attorney representing the Iraqi National, if any; c. the date the removal order became final; d. the dates the individual has been detained by ICE since January 1, 2016; e. the type of travel and identity documents the Iraqi National possessed when he or she entered ICE custody, and whether those

Baghdad will be needed for the issuance of travel documents for individuals who do not sign the GOI form stating that he or she wants to return to Iraq.” The declaration of James Maddox, ECF 311-3, states: “Six (6) individuals refused to sign the GOI travel document form.” 7 Case 2:17-cv-11910-MAG-DRG ECF No. 473-82 filed 11/01/18 PageID.13615 Page 9 of 13 HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER

documents have expired; f. the date(s) the request for travel documents was made to the GOI; g. whether the GOI has conducted a consular interview(s) and if so the date(s) of any such consular interview(s) and the name, title, and office of each person from the Government of Iraq that conducted each interview; h. whether, how, and when the Iraqi National has expressed his or her willingness or unwillingness to return to Iraq; i. whether the Iraqi National’s repatriation was considered “voluntary” or “involuntary” by the GOI, and how you know; j. the response of the GOI embassy or consulate to the request, and the date(s) of that response; k. if the travel document request was not approved under the initial process for requesting travel documents, whether ICE has requested further consideration from “Baghdad” through the “different internal GOI” process, as those terms are used in the Declaration of James Maddox, ¶ 11.b, ECF 311-3, and if so when that request was made, the response of the GOI to the request, and the date(s) of that response(s); l. whether the GOI has agreed to issue travel documents, and if so, any conditions placed on their use; m. whether the GOI has agreed to accept the Iraqi National for repatriation without travel documents, and if so, which part of the GOI so agreed, how, and any conditions placed on repatriation; n. if the request for travel documents or for repatriation was approved, the type of travel documents or permission obtained, including the office of the Iraqi government approving the travel documents or repatriation, and the issue and expiration date for the documents or permission; o. if the request for travel documents or for repatriation was denied, the GOI office issuing the denial, the date of the denial, the reason(s) given for the denial, and any steps Respondents have taken or plan to take after the denial; p. whether the Iraqi National has been repatriated, and if so, the date of repatriation, travel method (commercial air, charter air, etc.), and location to which repatriated; q. with respect to the existence of a significant likelihood of removal in the reasonably foreseeable future (SLRRFF) for the Iraqi National: i. when Respondents most recently evaluated SLRRFF; 8 Case 2:17-cv-11910-MAG-DRG ECF No. 473-82 filed 11/01/18 PageID.13616 Page 10 of 13 HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER

ii. the outcome of that evaluation; iii. who conducted that SLRRFF evaluation; iv. whether a federal judge has evaluated the existence of SLRRFF, the outcome of that evaluation, and the relevant court and docket number; v. if either Respondents or a federal judge has determined that removal to Iraq is not significantly likely in the reasonably foreseeable future, the basis of that decision; r. whether Respondents are seeking to remove the individual to another country, and if so what country/countries; and s. whether the individual has been released from detention and the date of release.

RESPONSE:

7. If not already covered in Interrogatory 6, the same information requested in Interrogatory 6 for every Iraqi National released from detention because there was no significant likelihood of removal in the reasonably foreseeable future.

RESPONSE:

8. For each Iraqi National who Respondents have successfully repatriated to Iraq, provide the name, A-number, location in Iraq to which repatriated, and the last known contact information for the Iraqi National or family members.

RESPONSE:

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9. Identify each document, communication, statement, and instance in which the GOI has declined since January 1, 2017—either permanently or provisionally—to issue travel documents or otherwise allow repatriation of an Iraqi National.

RESPONSE:

10. In several documents, Respondents have stated that GOI travel document decisions for Iraqi Nationals who declined to sign a GOI form stating that they were willing to return to Iraq are “pending.”5 Describe the following: a. Your understanding of the steps in “different internal GOI process,” including the roles of each office, department, organization, committee, etc., involved. b. For each Iraqi National who declined to sign a GOI form stating that they were willing to return to Iraq, state: i. each step that Respondents have taken in furtherance of their request for travel documents or repatriation; ii. any updates or responses the GOI has provided to that request, including who provided those responses, in what form, to whom, and when; and iii. the outcome (with date) or current status of the process.

5 See Interrogatory–First Set No. 3, ICE’s Supplemental Responses (“The GOI has represented to ICE that additional approval from Baghdad will be needed for the issuance of travel documents for individuals who do not sign the GOI form stating that he or she wants to return to Iraq. ICE has made a request to the GOI to have those travel documents issued without requiring that form and that request is pending.”); Declaration of James Maddox, ECF 311-3 (“Six (6) individuals refused to sign the GOI travel document form and the GOI indicated that further approval from Baghdad was required to issue those travel documents. The GOI has not denied these requests. Rather, the GOI must facilitate a different internal GOI process to complete the issuance of a travel document.”). 10 Case 2:17-cv-11910-MAG-DRG ECF No. 473-82 filed 11/01/18 PageID.13618 Page 12 of 13 HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER

RESPONSE: Respondent ICE objects to this interrogatory on the ground that it fails to comply with Fed. R. Civ. P. 33(a)(1) as the propounding party has exceeded the limit of 25 interrogatories. Respondents incorporate by reference the response to Interrogatory No. 2 above.

11. Describe each and every step in Respondents’ process for determining whether an Iraqi National has a significant likelihood of removal in the reasonably foreseeable future (the “SLRRFF process”), including when each step occurs; the office and titles of the individuals who conduct each step; and the documents used and generated during the SLRRFF process.

RESPONSE:

12. Identify each document and witness Respondents will use at an evidentiary hearing, filing, or otherwise in this action to prove that, for Iraqi Nationals, there is a significant likelihood of removal in the reasonably foreseeable future.

11 Case 2:17-cv-11910-MAG-DRG ECF No. 473-82 filed 11/01/18 PageID.13619 Page 13 of 13

VERIFICATION

I, John A. Schultz, Jr. declare under penalty of perjury:

I am employed by U.S. Immigration and Customs Enforcement as the Deputy

Assistant Director for the Removal Management Division (East).

I have read and know the contents of this response. This response was

prepared after obtaining information available to ICE through its officers and

employees and through its documents and records. This response, subject to

inadvertent and undiscovered errors, is based upon, and necessarily limited by, the

records and information still in existence, able to be located, presently recollected,

and thus far discovered in the course of preparing this response. The response

regarding ICE are true and correct to the best of my knowledge, information, and

belief.

th Executed on August 20 , 2018

~ul~r: ~LG~~ Deputy Assistant Director Removal Management Division- East Enforcement and Removal Operations Immigration and Customs Enforcement U.S. Department of Homeland Security

1 Case 2:17-cv-11910-MAG-DRG ECF No. 473-83 filed 11/01/18 PageID.13620 Page 1 of 10

EXHIBIT 23 Case 2:17-cv-11910-MAG-DRG ECF No. 473-83 filed 11/01/18 PageID.13621 Page 2 of 10

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

USAMA JAMIL HAMAMA, et al.,

Petitioners and Plaintiffs, Case No. 2:17-cv-11910 v. Hon. Mark A. Goldsmith Mag. David R. Grand REBECCA ADDUCCI, et al., Class Action

Respondents and Defendants.

RESPONDENT U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT’S RESPONSES AND OBJECTIONS TO PETITIONERS’ SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS TO RESPONDENTS

Pursuant to Federal Rule of Civil Procedure 26 and 34, Respondent

Immigration and Customs Enforcement (“ICE”), by and through undersigned

counsel, hereby respond and object to Petitioners’ Second Set of Requests for

Production and Things.

1 Case 2:17-cv-11910-MAG-DRG ECF No. 473-83 filed 11/01/18 PageID.13622 Page 3 of 10

DOCUMENT REQUESTS 1. Documents relied on, identified, or cited by Respondents in answering any interrogatory.

RESPONSE:

a. Respondent ICE objects to this request as it is duplicative of Request for Production No. 5 in Petitioners’ Amended First Set of Requests for Production of Documents and Things.

RESPONSE:

a. Pursuant to the Amended Protective Order agreed to by the Parties, Respondent ICE anticipates producing the requested documents when it completes a search of its records, should it locate any responsive material in accordance with the terms of the Amended Protective Order.

RESPONSE:

a. Respondent ICE objects to this request on the grounds that it is duplicative of Request for Production Nos. 2 and 3 in Petitioners’ Amended First Set of Requests for Production of Documents and Things. Respondent ICE anticipates producing the requested documents as part of its obligation to supplement Petitioners’ first set of discovery requests in accordance with the

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terms of the Amended Protective Order.

4. Documents referencing or otherwise relating to the GOI’s denial of repatriation or decision not to issue travel documents—either permanently or provisionally—to any Iraqi National.

RESPONSE:

a. Respondent ICE objects to this request on the grounds that it is duplicative of Request for Production Nos. 2 and 3 in Petitioners’ Amended First Set of Requests for Production of Documents and Things. Respondent ICE does not anticipate producing additional documents responsive to this request beyond what has already been produced. However, if Respondent ICE does identify additional responsive documents, it will produce the requested documents as part of its obligation to supplement Petitioners’ first set of discovery requests in accordance with the terms of the Amended Protective Order.

5. All drafts and any final version of the MOU referenced in DHSHAMAMA000089. RESPONSE:

a. Respondent ICE does not anticipate producing documents responsive to this request as it is ICE’s understanding that no MOU exists or has ever existed as referenced in DHSHAMAMA000089.

6. Any demarches issued to the GOI relating to repatriation of Iraqi Nationals, since 2015. See ICE-0271074.

RESPONSE:

a. Respondent ICE objects to Document Request No. 6 on the basis that any demarches in the possession, custody, or control of Respondent ICE would be owned by the Department of State and issued to the GOI by the Department of State. All applicable privileges claimed over such documents would have to be reviewed by the Department of State for privilege. b. Respondent ICE objects to Document Request No. 6 as unduly burdensome to the extent it requests documents existing before ICE started storing demarches in a central system. Demarches were not stored centrally at ICE until recently approximately 1-2 years ago. Custodians would be required to perform a manual search of records to identify potentially responsive material

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for any demarches before they began being centrally stored. As not all demarches are uniformly marked with an identifiable keyword, custodians would be required to search through myriad documents, rather than performing a simple keyword search, to identify potentially responsive material. Additionally, demarches sent to ICE before they were centrally stored could have been sent to an unidentifiable number of individuals who may or may not still be employed by ICE. c. Respondent ICE objects to Document Request No. 6 as vague, as “demarche” can be defined as a political course of action and could refer to a much broader set of documents, or verbal actions that may be responsive to this request. d. Respondent ICE objects to Document Request No. 6 as irrelevant, because political initiatives issued by the Department of State dating back three years do not bear on Respondent ICE’s determination in the present day that there is a significant likelihood of removal in the reasonably foreseeable future as to a particular class member. e. Pursuant to the Amended Protective Order agreed to by the Parties, Respondent ICE anticipates producing the requested documents when it completes a search of its records and after an assessment of privilege by the Department of State, should it locate any responsive material in accordance with the terms of the Amended Protective Order. Respondent ICE estimates that it will take a minimum of 3 weeks to collect the documents in a manner that does not preserve all metadata and identify all of those documents on a privilege log.

7. Documents referencing or otherwise relating to the GOI’s position regarding involuntary repatriation of Iraqi Nationals, including GOI documents in the possession of Respondents that relate to the GOI’s position on the voluntary or involuntary repatriation of Iraqi Nationals.

RESPONSE:

a. Respondent ICE objects to this request on the grounds that it is duplicative of Request for Production Nos. 2, 3, and 8 in Petitioners’ Amended First Set of Requests for Production of Documents and Things. Pursuant to the Amended Protective Order agreed to by the Parties, Respondent ICE anticipates producing the requested documents as part of its obligation to supplement Petitioners’ first set of discovery requests and producing any additional responsive documents after a search of its records in accordance with the terms of the Amended Protective Order.

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8. All ICE custody reviews of Iraqi Nationals since February 2018.

RESPONSE:

a. Respondent ICE objects to Document Request No. 8 as vague and unduly burdensome and further notes that any responses would be privileged. Respondent ICE also objects on the grounds of proportionality, since producing all custody reviews will be time-consuming and will not answer the pertinent legal question of whether removal is significantly likely in the reasonably foreseeable future. See Zadvydas v. Davis, 533 U.S. 678 (2001). Respondent ICE also objects to Document Request No. 8 as vague as Petitioners have not indicated whether they are only seeking 180-day custody reviews that are referred from the field to ICE headquarters for review. To the extent that Petitioners are seeking 90-day custody reviews or custody reviews that are completed by local field offices and are not referred to ICE headquarters, Respondent ICE objects to Document Request No. 8 as unduly burdensome because any such custody reviews are not stored in a central repository. In order to obtain these documents, ICE headquarters or every field office would first be required to determine which offices have held Iraqi Nationals since February 2018. Then, they would be required to do a manual records search of each A-number, and then search each detainee’s file to determine whether a custody review was performed for every Iraqi National who may be detained or released at any point since February 2018. Petitioners have not demonstrated the need for 90-day custody reviews that outweighs the burden on Responded ICE to produce them. b. Additionally, Document Request No. 8 calls for documentation that is protected from disclosure by the Law Enforcement and Deliberative Process Privileges. Custody reviews involve an ERO officer’s assessment of the case and recommendation whether to continue custody. Any documentation created during a custody review is created in the course of a step-by-step review of relevant factors. It is important to protect the privileged nature of these documents so that officers continue to make complete recommendations. Document Request No. 8 also calls for law enforcement privileged information because custody reviews rely on the law enforcement processes to determine whether ICE should continue to detain an individual. Custody reviews contain information which includes an internal discussion of information known to officers through various law enforcement investigative methods and law enforcement databases that are not accessible by the public. Given that any responsive documents to Request No. 8 are both protected by the deliberative process privilege and the law enforcement privilege, the

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burden on Respondent ICE to produce them is not outweighed by Petitioner’s need for them, as any documents produced would likely be redacted in full.

RESPONSE:

a. To the extent the request seeks documentation relating to any Iraqi National for whom a federal judge has found no significant likelihood of removal in the reasonably foreseeable future, since July 24, 2018, Respondent ICE objects to Document Request No. 9 as unduly burdensome because documentation related to Iraqi Nationals for whom a federal judge has found no significant likelihood of removal in the reasonably foreseeable future is not tracked or stored in a central repository. Individual habeas cases are handled by ERO and OPLA offices in the field. The results of those cases are not tracked in a statistically reportable manner, and there is no way to identify which habeas cases relate to Iraqi Nationals, whether those individuals were granted relief in the form of release from detention, and the judge’s reasoning for release. Accordingly, the only way to identify these cases is via PACER, which Petitioners can access. b. To the extent the request seeks documentation relating to any Iraqi National for whom ICE has found no significant likelihood of removal in the reasonably foreseeable future, since July 24, 2018, Respondent ICE does have documents responsive to this request.

10. Any cables issued by the Department of State relating to repatriation, including the cable issued during or about March 2017 summarizing the outcomes of a meeting between the U.S. Embassy, Baghdad, and the Iraq Ministry of Foreign Affairs (MFA). See ICE-0270599.

RESPONSE:

a. Respondent ICE objects to this request on the grounds that it is duplicative of Request for Production Nos. 1 and 8 in Petitioners’ Amended First Set of Requests for Production of Documents and Things. Pursuant to the Amended Protective Order agreed to by the Parties, Respondent ICE anticipates producing the requested documents as part of its obligation to supplement Petitioners’ first set of discovery requests and after an assessment of privilege

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by the Department of State in accordance with the terms of the Amended Protective Order. b. Respondent ICE objects to Document Request No. 10 on the basis that any cables in the possession, custody, or control of Respondent ICE would be owned by the Department of State and issued to the GOI by the Department of State. All applicable privileges claimed over such documents would have to be reviewed by the Department of State for privilege. c. Respondent ICE objects to Document Request No. 10 as overly broad because the request seeks cables relating to repatriation and does not appropriately cabin the request to repatriation of Class Members or to claims related to the substance of this litigation. d. Respondent ICE objects to Document Request No. 10 as unduly burdensome because not all cables are uniformly marked with an identifiable keyword, custodians would be required to search through myriad documents, rather than performing a simple keyword search, to identify potentially responsive material. e. Respondent ICE objects to Document Request No. 10 as vague, as “cables” is not defined. f. Respondent ICE estimates that it will take a minimum of 3 weeks to collect the documents in a manner that does not preserve all metadata and identify all of those documents on a privilege log.

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Dated: August 20, 2018 Respectfully submitted,

CHAD A. READLER Acting Assistant Attorney General Civil Division

WILLIAM C. PEACHEY Director, District Court Section Office of Immigration Litigation

WILLIAM C. SILVIS Assistant Director Office of Immigration Litigation

NICOLE MURLEY Trial Attorney Office of Immigration Litigation

Attorneys for Defendants-Respondents

Case 2:17-cv-11910-MAG-DRG ECF No. 473-83 filed 11/01/18 PageID.13629 Page 10 of 10

CERTIFICATE OF SERVICE Case No. 2:17-cv-11910 I hereby certify that on August 20, 2018, I served the foregoing on Petitioners’ lead counsel of record via electronic mail:

Kimberly L. Scott (P69706) Cooperating Attorneys, ACLU Fund of Michigan MILLER, CANFIELD, PADDOCK & STONE, PLC 101 N. Main St., 7th Floor Ann Arbor, MI 48104 (734) 668-7696 [email protected]

Margo Schlanger (P82345) Cooperating Attorney, ACLU Fund of Michigan 625 South State Street Ann Arbor, Michigan 48109 (734) 615-2618 [email protected]

/s/ Cara E. Alsterberg Cara E. Alsterberg

U.S. Department of Justice