2 5.
Instead, CBP agents falsely told Dr. Abushamma that if she did not sign the form, she would be forcibly removed from the United States and banned from re-entry for five years. 6.
During this time, despite her repeated requests, Dr. Abushamma was not allowed by CBP agents to speak with her lawyer. Nor would CBP speak with her lawyer who was ready and willing to speak to CBP. Dr. Abushamma, who knew that lawyers were working to secure her release, was further denied additional time to wait for any news from her lawyers. Instead, CBP Agents falsely told Dr. Abushamma that her lawyers could not help her and that she would have to leave the United States absent an order from the Supreme Court of the United States. 7.
While Dr. Abushamma was detained at JFK, her lawyers filed a petition for a writ of habeas corpus on her behalf. The writ was emailed to the Judge for the Eastern District of New York who was on duty for emergency applications at that time (Judge Donnelly) at 7:42 P.M. It was subsequently filed with the Court electronically, Pet. for Writ of Habeas Corpus and Compl. for Declaratory and Injunctive Relief (Jan. 28, 2017), ECF No.1. 8.
It was only after Dr. Abushamma signed the Form I-275 at approximately 7:50 P.M. that she was allowed to make one phone call. Even after she signed the Form, CBP agents continued to discourage Dr. Abushamma from calling her lawyers, advising her that it was useless. She therefore called a friend to let him know she was being forced back to Saudi Arabia. 9.
At approximately 8:45 P.M., in a case that challenged the legality of the EO on behalf of two arriving aliens and a class of all others similarly situated, Judge Donnelly issued an order that prohibited the removal of, among other persons, any “holders of valid immigrant and non-immigrant visas. . . from Sudan . . . legally authorized to enter the United States.” See
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