Case 2:11-cv-04503-AHM -SP Document 37-1

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SETTLEMENT AGREEMENT This Settlement Agreement (the Agreement) is made and entered into as of February 14, 2012 by and between the following people and entities (together, the Parties): A. Plaintiff Samy Ibrahim Ali, a citizen of the United States presently residing in

California, his wife, real party in interest Marwa Mekedum (collectively, the Plaintiff Group); and B. In their official capacities, Defendants Eric H. Holder, Jr., United States Attorney

General; Janet Napolitano, Secretary of the Department of Homeland Security; Hilary Rodham Clinton, United States Secretary of State; Alejandro Mayorkas, Director, United States Citizenship and Immigration Services; Robert S. Mueller, III, Director, Federal Bureau of Investigation; Margaret Scobey, United States Ambassador to Egypt; and Roberto Powers, Consul General for the United States Embassy, Cairo, Egypt (collectively, the Defendants). 1. Recitals WHEREAS, a dispute has arisen between Plaintiff Group, and the Defendants, which has resulted in the commencement of a lawsuit entitled Samy Ibrahim Ali v. Eric H. Holder, et al., Case No. CV 11-4503-AHM (SPx) filed in the United States District Court for the Central District of California (the Lawsuit); WHEREAS, by his Lawsuit, Plaintiff seeks, among other things, to compel the issuance of a visa to Marwa Mekedum; WHEREAS, the Parties have reached agreement on terms for a conditional settlement of this litigation; NOW, THEREFORE, for good and adequate consideration, the receipt and sufficiency of which hereby is acknowledged, the Parties agree as follows:

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2.

Agreements A. Mutual Agreement

Following the execution of this agreement by the Parties, the parties agree to stay the Lawsuit pending this agreement becoming effective. B. The Department of State

A consular officer will adjudicate Marwa Mekedums visa application without undue delay following Ms. Mekedums compliance with paragraph C, below. The Department of State will waive all applicable fees associated with Ms. Mekedums application for an immigrant visa. Thereafter, if the Department of State issues to Ms. Mekedum a new visa, the Department of State agrees that it will not later revoke the visa based on information actually known to it prior to the date the visa is issued. If a visa is issued to Ms. Mekedum, it would remain subject to the standard period of validity. C. Marwa Mekedum

Ms. Mekedum agrees to (i) furnish the necessary documents, including a DS-230 Application for Immigrant Visa, to the appropriate representative of the Department of State in order to adjudicate Ms. Mekedums application for an immigrant visa, (ii) submit to a criminal background check, if necessary, in order for the Department of State to reopen and adjudicate her visa application, and (iii) attend any necessary interviews and medical examinations in Cairo and provide fingerprints consistent with standard procedures. Ms. Mekedum, as with any alien applying for admission into the United States, will be afforded all of the rights and process due to her under the law, and Ms. Mekedum enters this agreement in full understanding that the Defendants have offered, and offer, no representation regarding whether she will be permitted to enter the United States. D. Effective Date

The effective date of this agreement for all provisions shall be the earlier of two dates: 1. Six months after the DOS adjudicates the visa petition of Ms. Mekedum

and issues a visa, or 2. The date on which Ms. Mekedum enters the United States.

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3.

Dismissal. Within seven days following the Effective Date of this Agreement,

Plaintiff Ali will file a voluntary dismissal of this litigation with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(ii). 4. Defendants Representations & Warranties. Notwithstanding anything contained

herein to the contrary, Defendants, and each of them in their official capacities, represent and warrant that: a) Defendants will make reasonable efforts to discharge this Agreement, subject to applicable law. b) The provisions of this agreement shall not prejudice the adjudication and review of Plaintiffs applications for visas as described in this Settlement Agreement. 5. Plaintiff Groups Representations & Warranties. Notwithstanding anything

contained herein to the contrary, Plaintiff Group, and each of them, represent and warrant as follows: a) Ms. Mekedum shall cooperate with all reasonable requests from the Department of State regarding information necessary for processing her visa application, including, but not limited to, providing all requested documents and biometrics, attending any required interviews, appearing at any required medical examination, and cooperating with any necessary background criminal investigation. b) Plaintiff Group shall use reasonable efforts to see to it that this Agreement is fulfilled. 6. Settlement Agreement Inadmissible. This Settlement Agreement, and the

promises and performance undertaken, arising out of, or related to this Settlement Agreement are for the express purposes of resolving the disputes among the Parties. 7. Integration. This Agreement constitutes a single, integrated written contract

expressing the entire agreement of the Parties relative to the subject matter hereof. No covenants, agreements, representations or warranties of any kind whatsoever, other than as expressly stated herein, have been made by any Party relative to the settlement of this litigation.

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All prior discussions and negotiations relating to the settlement of this litigation have been and are merged and integrated into, and are superseded by, this Agreement. This Agreement may not be altered, modified or otherwise changed in any respect except in writing, duly executed by all of the parties or their authorized representatives. 8. Severability. In the event that any provision of this Agreement should be held to

be void, voidable or unenforceable, the remaining portions hereof shall remain in full force and effect. 9. Waiver of Claims. Following the Effective Date, if any, of this Agreement,

Plaintiff Group and its guardians, heirs, executors, administrators or assigns, as well as children of Plaintiffs Group, hereby waive any and all claims, demands, rights, and causes of action of whatsoever kind and nature, arising from, and by reason of any and all known and unknown, foreseen and unforeseen injuries, damages and the consequences thereof, which they may have against the United States of America, its agencies, its agents, servants or current or former employees on account of the same subject matter that gave rise to the above-captioned action, whether known or unknown, and whether for compensatory or any other type of damages arising prior to the Effective Date. However, the waiver of claims set forth in this paragraph does not extend to any arguments or defenses that the Plaintiff Samy Ibrahim Ali may raise in any criminal case brought against him. 10. a) Fees. Within sixty (60) business of the Effective Date of this Agreement, Defendants shall pay Defendant Samy Ibrahim Ali the sum of five thousand dollars ($5,000) in attorneys fees, payable to his attorneys the ACLU of Southern California. b) Except as otherwise provided in the preceding paragraph, each Party shall bear its own costs and attorneys fees. 11. Hold Harmless. Plaintiff Group and its guardians, heirs, executors,

administrators or assigns further agree to reimburse, indemnify and hold harmless United States of America, its agencies, its agents, servants, or current or former employees from and against any and all causes of action, claims, liens, rights, or subrogated or contribution interests, brought by any party, incident to or arising from further litigation arising from the facts at issue in this

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litigation or arising from this litigation or the prosecution of claims by Plaintiff Group or its guardians, or its guardians, heirs, executors, administrators or assigns against any third party or against the United States, its agencies, its agents, servants, or current or former employees.

IN WITNESS WHEREOF, each of the Parties has approved and executed this Settlement Agreement.

Dated: February 14, 2012

/s/ Michael Kaufman MICHAEL KAUFMAN Attorney for Plaintiff

Dated: February 14, 2012

/s/ Erez Reuveni EREZ REUVENI Attorney for Defendants