sound immigration...1. hashed naji mohamed mousa (“hashed”) is a citizen of the united states of...

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For immediate release

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Muslim Family Sues Government a Second Time for

Denying Their Rights as U.S. Citizens

Proprietor of famed MSM Deli fights to defend

the rights of his U.S. citizen children

Tacoma, Washington – January 19, 2017. Today a Muslim family filed its second

lawsuit against the United States government for denying their rights as U.S.

citizens. In a complaint filed in Federal Court for the Western District of

Washington, the family alleges that the government is unlawfully refusing to issue

passports to family members.

Hashed Mousa has lived in Tacoma for over thirty years, where he manages the

popular MSM Deli. Born in Yemen, Hashed immigrated to the United States, then

became a citizen in 2005. "I love MSM," said Tacoma resident, Sean Lundblad. "It's

a local legend and part of the fabric of Tacoma."

In 2009 Hashed filed visa petitions for his wife and children. His three eldest

children received visas, but the U.S. government advised the family that the two

youngest had “derived” citizenship through Hashed. Yet when the Mousa family

followed the government’s instructions and filed passport applications for the

children the government denied them.

The Mousa family was ultimately forced to bring a lawsuit at its own expense. In

the course of settlement negotiations, the government agreed to issue the passports,

and the family was reunited after years of separation.

Now the government has again refused to honor the family’s rights as U.S. citizens.

The three eldest Mousa children – all of whom are minors – became U.S. citizens in

2012. At the time, they were issued Certificates of Citizenship by U.S. Citizenship

�SOUND� IMMIGRATION

and Immigration Services. Those documents conclusively establish the children’s

status as U.S. citizens.

Applying for U.S. passports should have been easy, since the government already

acknowledged that the children are U.S. citizens. Instead, the family has been

stonewalled by a nonresponsive federal bureaucracy.

The children submitted their passport applications on August 3, 2016, paying for

expedited processing. According to the government’s own website, the passports

should have been issued in less than a month. (http://bit.ly/1LWPh4U). But five and

a half months later, the family has received no response. And no indication why the

passports have not been issued.

“The Mousa children are asserting their fundamental rights as U.S. citizens to legal

documentation of their status,” said the family’s attorney, Greg McLawsen. “This

family has followed U.S. law to the letter and are U.S. citizens just like you or me.

But the government still refuses to acknowledge their rights.”

Says the eldest children, whose name is not being release to protect his privacy as a

minor, “I wonder – are we going to have to deal with this for the rest of our lives?

Are they going to give us a hard time every time we assert our citizenship?”

According to the family, the passport agency would not tell them why the passports

had not been issued. “The passport agency told us that they had proof of the kids’

citizenship,” said attorney McLawsen, “but that the applications were still being

reviewed. At this point the family felt there was no other option than turning to the

federal courts to defend their claims to citizenship.”

Many see the Mousa family as prime examples of how new citizens contribute to the

Tacoma community. “MSM makes a darn good sandwich,” says patron, Jamie

Greenhalgh . “Hashed is an American, living the American Dream, providing

American jobs, who supports the American community.” Says Tacoma resident,

Kelley Kohlwes, "Hashed always greets us with a welcoming and warm smile.

Tacoma wouldn't be the same without him and MSM!"

“Hashed was one of the first people we met upon moving to Tacoma, and we've felt

lucky to be his neighbor ever since,” says resident, Ali Leach. “Every time we go in

for a delicious sandwich, he greets us with an authentic smile. Hashed and MSM

help make Tacoma a great place to live.”

After filing the lawsuit today, the Mousa family hopes to be able to resolve their

claims quickly through negotiation with the government. The lawsuit seeks an

order compelling the government to issue their passports and a declaration that the

children are United States citizens.

http://bit.ly/1LWPh4U

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End release.

Photographs and copy of civil complaint for distribution below.

Contact information below.

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The two eldest Mousa children, both plaintiffs in the lawsuit.

Photo credit: Hashed Mousa

Hashed Mousa and his three children who are named in the lawsuit.

Photo credit: Hashed Mousa

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Press Contact:

Greg McLawsen

Managing Attorney

Sound Immigration

1201 Pacific Ave., Suite 600

Tacoma, WA 98402

(253) 203-3170

[email protected]

Twitter: @mclawsen

About Sound Immigration

Sound Immigration is a law firm based in Tacoma, Washington, serving

immigration clients around the globe. The firm focuses on uniting families through

the immigration process. More at www.soundimmigration.com

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mailto:[email protected]

https://twitter.com/mclawsen

http://www.soundimmigration.com/

COMPLAINT – PAGE 1

CASE NO.

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1201 Pacific Avenue, Suite 600

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

A.H.N.M.(1), a minor child,

individually; A.H.N.M.(2), a minor

child, individually; S.H.N.M., a minor

child, individually; Hashed Naji

Mohamed Mousa [a.k.a. Hashed Naji

Mohamed Mosa], individually and as

next best friend to his minor children,

A.H.N.M.(1), A.H.N.M.(2) and

S.H.N.M.,

Plaintiffs,

vs.

The United States of America; John F.

Kerry, Secretary of State, United States

Department of State, in his official

capacity; the United States Department

of State National Passport Processing

Center,

Defendants.

No.

COMPLAINT FOR WRIT OF

MANDAMUS, DECLARATORY

RELIEF

COMES NOW the above-captioned Plaintiffs, by and through their attorney,

Greg McLawsen, and plead as follows.

Case 3:17-cv-05038 Document 1 Filed 01/19/17 Page 1 of 23


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I. INTRODUCTION

1. Hashed Naji Mohamed Mousa (“Hashed”) is a citizen of the United

States of America. Born in the country of Yemen, Hashed became a U.S. citizen

through naturalization on May 2, 2005.

2. For the second time in less than three years, Hashed now seeks the

intervention of the federal courts to defend his children’s undisputed claims to

United States citizenship.

3. Even though United States Citizenship and Immigration Services

(“USCIS”) has issued certificates of citizenship, conclusively establishing that his

three eldest children are United States citizens, the government refuses to issue

U.S. passports to the very same children.

4. Hashed is a recognized community figure in Tacoma, Washington,

where he has resided for nearly thirty years. Hashed manages MSM Deli, a

much-loved gathering place for many Tacoma residents who represent the

diverse cultural and ethic backgrounds of the city.

5. Hashed is the proud father of six children, all of whom are citizens of

the United States of America.

6. On November 4, 2013 Hashed filed a federal lawsuit to challenge the

government’s refusal to recognize the U.S. citizenship of his then two youngest

children. Cf. Mousa v. United States of America, 3:13-cv-05958-BHS (W. D.

Wash.).

7. That lawsuit was a final act of desperation after unlawful

government conduct kept Hashed separated from his family for years.

8. In 2012 the U.S. Consulate in Yemen had approved immigrant visas

for Hashed’s wife and his three eldest children.



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9. But a U.S. consular officer advised the family that the two youngest

children—the twins B.H.M. and A.H.M.—had derived U.S. citizenship through

their father.

10. Acting on the advice of the Consulate the family then submitted U.S.

passport applications for these two children.

11. In an act of shocking absurdity, the Consulate then accused the

family of falsifying documents to advance these citizenship claims. This despite

the fact that the family had never asserted the twins’ citizenship until the

Consulate itself had advised the family of their citizenship status.

12. The Consulate ultimately denied B.H.M. and A.H.M.’s passport

applications.

13. The Consulate then revoked the immigrant visa of Hashed’s wife,

Fekriah, determining that she was engaged in the “human smuggling” of her

own biological children.

14. Throughout that process the U.S. Consulate consistently refused to

reveal what documents the family has allegedly falsified.

15. Hashed then filed a federal lawsuit against the United States

government on November 4, 2013, challenging the Consulate’s unlawful conduct.

Cf. Mousa v. United States of America, 3:13-cv-05958-BHS (W. D. Wash.).

16. After the lawsuit was initiated, the U.S. government moved quickly

to resolve Hashed’s legal claims.

17. The Consulate issued the requested visa to Hashed’s wife and issued

United States passports to his two children.

18. The government had never possessed a legitimate basis for its actions

against the Mousa family.



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19. With the case resolved, the lawsuit was voluntarily dismissed on

April 8, 2014.

20. Sadly, this was not the end of the governments’ mistreatment of the

Mousa family.

21. After their visas were issued in 2012, Hashed’s three eldest children,

A.H.N.M.(1), A.H.N.M.(2) and S.H.N.M. were admitted to the United States as

lawful permanent residents.

22. Under Section 341 of the Immigration and Nationality Act, upon their

admission to the United States, A.H.N.M.(1), A.H.N.M.(2) and S.H.N.M.

automatically became United States citizens.

23. A.H.N.M.(1), A.H.N.M.(2) and S.H.N.M. then sought Certificates of

Citizenship from USCIS to document their status as United States citizens.

24. In early 2016 Hashed’s three eldest children – A.H.N.M.,

A.H.N.M.(2), and S.H.N.M. – were issued Certificates of Citizenship by USCIS.

25. The Certificates of Citizenship established conclusively that all three

children were – and are – United States Citizen.

26. In August 2016 all three children submitted U.S. passport

applications to the Department of State’s National Passport Processing Center.

27. Each child paid for expedited processing of his/her passport

application.

28. To this day, the Department of State has failed to complete

processing the passport applications.

29. Shortly after filing their passport application, the children received a

follow-up request from the National Passport Processing Center for their original

Certificates of Citizenship.



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30. The children provided the Certificates immediately, and now have no

original documentation of their U.S. citizenship status.

31. The Department of State has asked for no other additional documents

from the applicants, and refuses to identify any problem with the applications.

32. The Mousa family is now forced – for a second time – to sue their own

government to defend their rights as United States citizens.

II. JURISDICTION

33. Under U.S. Const. Art. III § 2 this Court has jurisdiction because the

rights sought to be protected herein are secured by the United States

Constitution.

34. Jurisdiction is proper pursuant to 28 U.S.C. § 1361, under which this

Court has the power to compel an officer of the United States to perform his

duty.

35. Jurisdiction is also proper pursuant to 5 U.S.C. § 551, et seq., 28

U.S.C. § 1331, 5 U.S.C. § 701, et seq., 5 U.S.C. § 706, 28 U.S.C. § 1651, 8 U.S.C. §

1503 and federal common law.

36. This action seeks declaratory relief pursuant to the Declaratory

Judgment Act, 28 U.S.C. §§ 2201‐02, Rules 57 and 65 of the Federal Rules of

Civil Procedure, and pursuant to the general, legal, and equitable powers of this

Court.

37. A substantial part of the unlawful acts alleged herein were

committed within the jurisdiction of the United States District Court for Western

District of Washington.



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III. VENUE

38. Venue in this matter is proper in the United States District Court for

the Western District of Washington because all Plaintiffs reside in this district.

28 U.S.C. § 1391(e)(1)(A).

IV. STANDING

39. Plaintiffs have standing under the Administrative Procedures Act, 5

U.S.C. §§ 702, 706, as individuals who have been adversely affected or aggrieved

by agency actions.

40. Plaintiffs have standing under the Mandamus Act, 28 U.S.C. § 1361,

because they have a clear legal right to the relief requested under that Act.

41. Plaintiffs have standing under 8 U.S.C. § 1503 because they are each

United States citizens.

V. PLAINTIFFS

42. Plaintiff A.H.N.M.(1) (born xx/xx/2001) is a minor child born in the

country of Yemen and residing in Tacoma, Washington. A.H.N.M.(1) became a

United States Citizen on November 19, 2012 pursuant to INA § 341; he was

issued a Certificate of Citizenship by “USCIS” on March 22, 2016 (alien

registration number A****51).

43. Plaintiff A.H.N.M.(2) (born xx/xx/2001) is a minor child born in the

country of Yemen and residing in Tacoma, Washington. He is the twin brother of

Plaintiff A.H.N.M.(1). A.H.N.M.(2) became a United States Citizen on November

19, 2012 pursuant to INA § 341; he was issued a Certificate of Citizenship by

“USCIS” on March 22, 2016 (alien registration number A****52).

44. Plaintiff S.H.N.M. (born xx/xx/2005) is a minor child born in the

country of Yemen and residing in Tacoma, Washington. S.H.N.M. became a



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United States Citizen on December 15, 2012 pursuant to INA § 341; she was

issued a Certificate of Citizenship by “USCIS” on January 22, 2016 (alien

registration number A****42).

45. Hashed Naji Mohamed Mousa (“Hashed”) is a United States Citizen

residing in Tacoma, Washington. Hashed is the biological father of the other

named Plaintiffs.

VI. DEFENDANTS

46. The United States of America is an appropriate defendant in an

action for judicial review under the Administrative Procedures Act. 5 U.S.C. §

703.

47. Defendant John F. Kerry is Secretary of State of the United States

Department of State (“DOS”). Defendant Kerry is being sued in his official

capacity, only.

48. Defendant National Passport Processing Center is a division of DOS

charged with processing the Plaintiffs’ applications for U.S. passports.

49. Defendant United States Department of State Office of Legal Affairs,

Passport Services is a division of DOS charged with providing legal counsel in

support of U.S. passport adjudications.

VII. FACTUAL ALLEGATIONS

50. Hashed was born on December 15, 1979 in the Country of Yemen.

51. Hashed’s surname has been officially transliterated as both Mousa

and Mosa.



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52. Hashed was admitted to the United States on June 7, 1998 with the

status of an alien admitted for lawful permanent residence. He has resided in the

U.S. continually since that date.

53. Hashed became a U.S. citizen through naturalization on May 2, 2005.

54. In November 2009 Hashed filed immigrant visa petitions for his wife,

Fekriah, and five children: Plaintiff A.H.N.M.(1) (DOB xx/xx/2001); Plaintiff

A.H.N.M.(2). (DOB xx/xx/2001); Plaintiff S.H.N.M. (DOB xx/xx/2005); B.H.M.

(DOB xx/xx/2007), and A.H.M. (DOB xx/xx/2007).

55. The two youngest and two eldest— A.H.N.M.(1) and A.H.N.M.(2), and

B.H.M. and A.H.M.—are both twins.

56. Hashed sought immigrant visas, rather than passports, for B.H.M.

and A.H.M. because he did not understand that they were United States citizens.

57. All children named above are the biological children of Hashed and

his wife, Fekriah.

58. On October 4, 2012 all six immigrant visa applications were

scheduled for interviews at the U.S. Consulate in Yemen for November 18, 2012.

59. On November 18, 2012 Fekriah and her five children attended visa

interviews at the Consulate.

60. At the conclusion of the interview Fekriah’s immigrant visa

application was approved, along with those of the three eldest children, Plaintiff

A.H.N.M.(1), Plaintiff A.H.N.M.(2) and S.H.N.M.

61. Plaintiffs A.H.N.M.(1), A.H.N.M.(2) and S.H.N.M. thereafter entered

the United States on their valid immigrant visas.

62. Upon entering the United States, Plaintiffs A.H.N.M.(1), A.H.N.M.(2)

and S.H.N.M. became United States citizens by operation of law pursuant to INA

§ 341.



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63. Plaintiff A.H.N.M.(1) became a United States Citizen on November

19, 2012.

64. Plaintiff A.H.N.M.(2) became a United States Citizen on November

19, 2012.

65. Plaintiff S.H.N.M. became a United States Citizen on December 15,

2012.

66. The consular officer conducting the November 18, 2012 interview

advised Fekriah at the time that her youngest two children—B.H.M. and

A.H.M.—had acquired U.S. citizenship through birth due to Hashed’s prior

naturalization.

67. The consular officer advised Fekriah. that she should apply for U.S.

passports for B.H.M. and A.H.M., as well as for Consular Reports of Birth

Abroad (“CRBA”).

68. A CRBA is issued by a U.S. Consulate to memorialize the birth of a

U.S. citizen born outside the territory of the United States.

69. The consulate reiterated its advice in a December 30, 2012 email to

Plaintiffs’ then-representative, Mari Stiffler, stating: “Please apply for a CRBA

for A.H.M. and B.H.M. as requested at the interview.”

70. Prior to receiving advice on the matter from the consular officer

neither Hashed nor Fekriah had ever asserted that either B.H.M. or A.H.M. was

a U.S. citizen.

71. Following the November 2012 appointment at the Consulate, Hashed

and Fekriah submitted U.S. passport applications for B.H.M. and A.H.M., along

with applications for CRBAs.

72. In the course of pursuing immigrant visas for his five children,

Hashed submitted DNA testing.



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73. That testing established that all five children were the biological

children of Hashed and Fekriah.

74. On January 7, 2013 the Consulate advised via email: “The Consular

Officer reviewed the results of the DNA testing [Fekriah] provided; however, the

officer requested all family members undergo DNA testing again in order to

make a decision on the children’s cases. This testing is voluntary, but it will be

difficult to continue processing the cases without new DNA results.”

75. Yet the Consulate later rescinded this request.

76. On March 12, 2013, in a correspondence to the office of U.S. Senator

Patty Murray, the Consulate represented: “[Hashed] will be able to use the

previous DNA results from his immigrant visa applications to prove that a bona

fide paternal relationship exists between himself and his children.”

77. In an email from the Consulate on March 21, 2013 to Hashed’s then-

attorney, Vicky Dobrin, the Consulate represented that, “[t]he Consular Officer

has reviewed the results of the DNA testing [Fekriah] provided, and additional

DNA testing is not required” (emphasis added).

78. Apart from its suggestion that the family conduct “voluntary”

retesting – a suggestion it later rescinded – the Consulate never disputed the

validity of the DNA testing submitted by Hashed.

79. On March 26, 2013 Fekriah attended an appointment at the

Consulate. She was advised by consular officer, David Doe, that B.H.M. and

A.H.M.’s passport applications would be approved, but that she needed to return

to the Consulate with a family member who would be able to demonstrate

financial support of B.H.M. and A.H.M.

80. This request was contrary to law, as U.S. citizens are not required to

demonstrate financial support before entering the U.S. or receiving passports.



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81. On March 29, 2013 Fekriah attended an interview at the Consulate

along with her father-in-law, Mike Gany Mohamed (Hashed’s step-father).

82. Mr. Mohamed is a U.S. citizen.

83. Consular officer, David Doe stated that Fekriah had misrepresented

the ages of B.H.M. and A.H.M..

84. The sole basis given by David Doe for this accusation was his

subjective perception of the physical appearance of B.H.M. and A.H.M., who are

fraternal twins.

85. David Doe confiscated the U.S. passport of Mr. Mohamed and Ms.

Fekriah’s Yemeni passport.

86. On or about March 29, 2013 the Consulate revoked Fekriah’s

immigrant visa.

87. A consular officer, John Doe, memorialized this act by obscuring the

visa page in Fekriah’s passport with a black marker.

88. On April 3, 2013 A.H.M. and B.H.M.’s passport applications, and

CRBA applications, were denied by the Consulate.

89. In an email to Hashed’s then-attorney, Ms. Dorbin, the Consulate

represented that the CRBA applications had been denied, “because the parents

submitted fraudulent documents in support” of the applications.

90. The Consulate gave no further representation of what documents

were allegedly fraudulent, nor the Consulate’s rationale for believing the

documents were fraudulent.

91. Ms. Dobrin responded via email to the Consulate and requested

clarification as to what documents the Consulate believed were fraudulent.



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92. On April 4, 2013 the Embassy’s ACS unit advised Ms. Dobrin that it

would answer no further questions about B.H.M. and A.H.M.’s case, “as it is now

part of a federal law enforcement investigation.”

93. At no point in time did the Consulate ever provide further

clarification as to what documents were allegedly fraudulent, nor its rationale for

believing the documents were fraudulent.

94. On April 21, 2013 the Consulate, acting through its officer, John Doe,

made a finding that Fekriah was inadmissible to the U.S. as a human smuggler

pursuant to INA § 212(a)(6).

95. As its sole basis for this decision the Consulate stated that Fekriah

“made false statements and provided fraudulent documents in support of visa

applications for [her] children who are using false names and dates of birth.”

96. On April 22, 2013 the Consulate responded to Ms. Dobrin via email:

“The adjudication of the CRBA/passport applications and visa applications are

complete, and Embassy Sana’a does not require any additional information from

the Mosa [sic.] family for any of their application.”

97. In a correspondence from the Consulate to the office of Senator Patty

Murray April 30, 2013, the Consulate stated the “fraudulent documents” were

submitted in support of B.H.M. and A.H.M.’s visa applications.

98. The Consulate advised Hashed, through the Senator’s office, to

reapply for immigrant visas for his children “using his and their correct

identities.”

99. On May 16, 2013, in a correspondence to the office of U.S. Senator

Patty Murray, the Consulate alleged that Hashed had falsified his identity. The

Consulate advised: “I suggest that you inform your constituent that he should

change his name to his true identity. . . .”



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100. At no point has Hashed or Fekriah misrepresented the identities of

B.H.M., A.H.M. or Hashed himself to the U.S. Department of State or to any

other U.S. agency.

101. In none of the applications and petitions set forth in this Complaint

have any of the Plaintiffs submitted fraudulent documents that were material to

the adjudication of any application or petition.

102. The only known error in the application process occurred when the

Plaintiffs’ former representative, Mari Stiffler, accidentally transposed the day

and month of the date of birth for Plaintiffs A.H.M. and B.H.M. on one or more

document that she transmitted to the Consulate.

103. Ms. Stiffler informed the Consulate of this mistake both via email

and by letter.

104. Fekriah never knowingly encouraged, induced, assisted, abetted, or

aided any other alien to enter or to try to enter the United States in violation of

law.

105. In November 2013 Hashed and his children, B.H.M. and A.H.M.,

commenced a federal lawsuit in the Western District of Washington to challenge

the government’s refusal to acknowledge the children’s citizenship claims, and

revocation of Fekriah’s immigrant visa. See Mousa v. United States of America,

3:13-cv-05958-BHS (W. D. Wash).

106. The United States government engaged in negotiation with Hashed

through counsel.

107. Before further litigation was required, the Department of State

reissued Fekriah’s immigrant visa and issued United States passports to B.H.M.

(DOB xx/xx/2007) and A.H.M. (DOB xx/xx/2007).



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108. On April 8, 2014 Hashed and his children voluntarily dismissed their

federal lawsuit, as it had been successfully resolved in their favor.

109. Fekriah, B.H.M. and A.H.M. thereafter entered the United States

and the Mousa family was finally reunited after years of separation.

110. The family’s lengthy separation was a direct result of unlawful

actions and inactions by the Department of State.

111. As a result of the family separation, Hashed suffered mental injury

and damages.

112. In 2015 Plaintiffs A.H.N.M.(1), A.H.N.M.(2) and S.H.N.M. filed N-600

applications for certificates of U.S. citizenship with USCIS.

113. All three N-600 applications were approved.

114. Once issued, the Certificates of Citizenship conclusively established

that A.H.N.M.(1), A.H.N.M.(2) and S.H.N.M. are United States Citizens.

115. Plaintiff A.H.N.M.(1) was issued a Certificate of Citizenship by

USCIS on March 22, 2016 (alien registration number A****51).

116. Plaintiff A.H.N.M.(2) was issued a Certificate of Citizenship by

USCIS on March 22, 2016 (alien registration number A****52).

117. Plaintiff S.H.N.M. was issued a Certificate of Citizenship by USCIS

on January 22, 2016 (alien registration number A****42).

118. On or about August 3, 2016 Plaintiffs A.H.N.M.(1), A.H.N.M.(2) and

S.H.N.M. mailed completed Form DS-11 Applications for U.S. Passports to the

appropriate address for the National Passport Processing Center (NPPC), along

with fee payment for expedited processing.

119. Plaintiff A.H.N.M.(1)’s application was assigned receipt number

*****864.



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120. Plaintiff A.H.N.M.(2)’s application was assigned receipt number

*****861.

121. Plaintiff S.H.N.M.’s application was assigned receipt number

*****865.

122. On or about August 19, 2016 the NPPC issued letters to all three

applicants requesting their original Certificates of Citizenship.

123. The applicants timely responded to the NPPC with their original

Certificates of Citizenship.

124. The Plaintiffs’ original Certificates of Citizenship were received by

the NPPC on or about September 2, 2016.

125. On or about September 10, 2016 Plaintiff A.H.N.M.(1) phoned the

National Passport Information Center.

126. A.H.N.M.(1) was informed that the correspondence containing the

applicants’ Certificates of Citizenship had been opened on September 7, 2016.

127. In October 2016 Plaintiff A.H.N.M.(1) again phoned the National

Passport Information Center. He was informed that the phone operator could not

find the applicants’ DS-11s in the application system. The phone operator was

later able to locate the applications, but expressed that he was “confused” why

the applications had not been processed.

128. Plaintiff A.H.N.M.(1) again phoned the National Passport

Information Center approximately 30 days later. The phone operation conveyed

that he had no further information about the Plaintiffs’ applications.

129. Acting through counsel, on November 28, 2016 the Plaintiffs

transmitted a correspondence to the U.S. Department of State Office of Legal

Affairs, inquiring into the status of their passport applications.



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130. To date the Office of Legal Affairs has issued no response to that

correspondence.

131. On December 19, 2019 the Plaintiffs’ legal counsel was contacted

through email by attorney Anita B. Mody with the Office of Legal Affairs.

132. Ms. Mody stated inter alia that “We are in the process of reviewing

your inquiry and will respond shortly.”

133. On December 30, 2016 Ms. Mody stated by email, inter alia, “I have

looked into the status, and the applications are still being reviewed.

Unfortunately I don’t have any additional information to pass along. For further

status updates, you can contact the National Passport Information Center: 1-

877-487-2778.”

134. On January 18, 2017 Plaintiffs contacted Ms. Mody through counsel.

135. Ms. Mody expressed that the Plaintiffs’ application packets remained

under review but that she could provide no further information about what was

causing delay in adjudication of the Plaintiffs’ DS-11s applications.

136. On January 18, 2017 Plaintiffs’ counsel contacted the National

Passport Information Center by phone at 1-877-487-2778.

137. An operator, who identified herself as Chelsey forwarded the call to a

supervisor who identified himself as Steven.

138. Steven stated that “notices” had been issued in the application of

A.H.N.M.(1) (receipt number *****864). He later clarified that only one written

notice had been issued. Steven stated that his system did not indicate that a

response to that notice had ever been received. Steven stated that the NPPC may

have failed to update the system upon receiving a reply from the applicant.



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139. Steven stated that only one written request for additional documents

had ever been issued in the application of A.H.N.M.(1) (receipt number

*****864).

140. To date Plaintiffs have received no information whatsoever as to what

specific issue is preventing their passport applications from being approved.

141. The Plaintiffs A.H.N.M.(1), A.H.N.M.(2) and S.H.N.M.’s U.S. passport

applications have now been pending for 5 months, 16 days.

142. The Mousa family practice the Islamic faith and attend an Islamic

religious center near their home on a weekly basis.

143. The fact that the Mousa family are practicing Muslims is known the

Defendants.

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VIII. CLAIMS

First Claim for Relief

Writ of Mandamus

[Plaintiffs A.H.N.M.(1), A.H.N.M.(2) and S.H.N.M., individually]

144. All allegations above are reasserted as though fully restated herein.

145. Defendant Secretary Kerry, and by delegation Defendant National

Passport Processing Center, have the power to issue United States passports. 22

U.S.C. § 211a.


Passport Processing Center, have a clear legal duty to process Plaintiffs’

applications for United States passports.

147. Defendant Secretary Kerry, and Defendant National Passport

Processing Center, in violation of the Administrative Procedure Act, are willfully

and unlawfully withholding and/or unreasonably relaying Plaintiffs’ passport

applications and have failed to carry our the administrative functions delegated

to him by law.

148. Defendant Secretary Kerry’s actions and/or inactions, and those of

Defendant National Passport Processing Center, are willful, arbitrary,

capricious, and abuse of discretion, otherwise not in accordance with law, and are

contrary to constitutional rights, power, or privilege and should be declared

unlawful pursuant to 5 U.S.C. § 706.

149. The adjudication of Plaintiff’s passport application is ministerial and

non-discretionary.

150. Defendant Secretary Kerry’s conduct, and that of Defendant National

Passport Processing Center, amounts to a constructive denial of Plaintiff’s

passport applications.



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151. Defendant Secretary Kerry, and Defendant National Passport

Processing Center, have denied the Plaintiffs’ their constitutionally-protected

liberty interest to travel, without due process, in violation of the Fifth

Amendment to the United States Constitution.

152. Defendant Secretary Kerry and Defendant National Passport

Processing Center’s failure to act on the Plaintiffs’ passport, applications

constitutes a final agency action in violation of the Administrative Procedures

Act. U.S.C. §§ 551(13), 704(a)(2).

153. Plaintiffs have clear legal right to the relief sought.

154. Plaintiffs have exhausted any administrative remedies that may exist

and not other adequate remedy is available to them.

155. Plaintiffs are entitled to a writ of mandamus directing Defendant

Secretary Kerry and Defendant National Passport Processing Center to approve

their applications for United States passports.

Second Claim for Relief

Declaratory Relief





U.S.C. § 211a.






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159. Plaintiffs applications for United States passports are each an

assertion of rights and/or privileges they possess as United States nationals. 8

U.S.C. § 1503.


Processing Center’s conduct amount to a constructive denial of Plaintiff’s



Processing Center have denied the Plaintiffs’ their constitutionally-protected

liberty interest to travel, without due process in violation of the Fifth


Third Claim for Relief

Administrative Procedures Act





U.S.C. § 211a.





Processing Center have no substantial basis in evidence or fact for failing to

approve passport applications filed by Plaintiffs in violation of 5 U.S.C. §

706(2)(E) and (F).



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Processing Center committed an arbitrary and capricious agency action in

violation of 5 U.S.C. § 706(2)(A) by failing to approve Plaintiffs’ passport

applications.

167. Conduct by Defendant Secretary Kerry and Defendant National

Passport Processing Center amounts to a constructive denial of Plaintiff’s



Processing Center’s failure to act on the Plaintiffs’ passport applications

constitutes a final agency action in violation of the Administrative Procedures

Act. U.S.C. §§ 551(13), 704(a)(2).

169. Plaintiffs have a clear legal right to the relief sought.

170. Plaintiffs have exhausted any administrative remedies that may

exist, and not other adequate remedy is available to them.

171. The adjudication of Plaintiff’s passport application is ministerial and

non-discretionary.

Fourth Claim for Relief

Declaratory Relief

[Hashed Naji Mohamed Mousa, individually]




U.S.C. § 211a.



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175. Hashed’s children’s applications for United States passports are each

an assertion of rights and/or privileges they possess as United States nationals. 8

U.S.C. § 1503.


Processing Center’s conduct amounts to a constructive denial of Plaintiff’s



Processing Center have denied the Plaintiffs’ children their constitutionally-

protected liberty interest to travel, without due process in violation of the Fifth


178. Plaintiff Hashed Naji Mohamed Mousa has a constitutionally

protected liberty interest in the constitutional rights of his minor children.

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VIII. PRAYER FOR RELIEF

The Plaintiffs request the Court grant them the following relief:

I. Accept jurisdiction over this action;

II. Issue a declaratory judgment that Plaintiffs A.H.N.M.(1),

A.H.N.M.(2), and S.H.N.M. are citizens of the United States of America and that

the Defendants have unlawfully denied their right or privilege to issuance of a

U.S. passport;

III. Issue a writ of mandamus compelling the Defendants to issue a

United States passports to Plaintiffs A.H.N.M.(1), A.H.N.M.(2), and S.H.N.M.

IV. Award costs, expenses and reasonable attorney’s fees pursuant to the

Equal Access to Justice Act.

V. Grant such other relief as the Court may deem just and proper.

DATED: January 19, 2017,

Sound Immigration

By: /s/Greg McLawsen

Greg McLawsen, WSBA #41870

1201 Pacific Ave., Suite 600

Tacoma, WA 98402

Tel. (253) 203-3170

[email protected]

Attorneys for the Plaintiffs

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sound immigration...1. hashed naji mohamed mousa (“hashed”) is a citizen of the united states of...

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