Post(s) tagged with "immigration"

Immigration Judge Closes Deportation Case Against Married Gay Man 
Attorney Lavi Soloway writes, “San  Francisco Immigration Judge  Marilyn Teeter has granted [Immigrations and Customs Enforcement] Motion  to  Administratively Close Deportation of gay Venezuelan Alex  Benshimol,  ending the nightmare faced by Alex and his American husband,  Doug  Gentry.”
Soloway  — the co-founder of Stop the Deportations and lawyer representing  Benshimol — notes that the decision was dated August 11 and received  today.
In July, Teeter had put off a decision on the case until 2013, but had given the U.S. government 60 days to  decide whether it was going to continue with Benshimol’s deportation.
Soloway writes, “According to the documents received today, ICE moved quickly to notify the court by the beginning of August requesting that the case be   dropped. A few days later, the Judge granted the government’s motion and   closed proceedings.”
This is at least the second time ICE has taken such an action in a  case. Earlier this year, in a case involving another Venezuelan, Henry  Velandia, and his husband, Josh Vandiver, the ICE office in Newark,  N.J., took a similar action, noting that Velandia’s case “is not an enforcement priority at this time.”
The move appears to be in line with the plan laid out earlier this week by Department of Homeland Security Secretary Janet  Napolitano for focusing on the “highest priority” deportation cases.

Immigration Judge Closes Deportation Case Against Married Gay Man

Attorney Lavi Soloway writes, “San Francisco Immigration Judge Marilyn Teeter has granted [Immigrations and Customs Enforcement] Motion to Administratively Close Deportation of gay Venezuelan Alex Benshimol, ending the nightmare faced by Alex and his American husband, Doug Gentry.”

Soloway — the co-founder of Stop the Deportations and lawyer representing Benshimol — notes that the decision was dated August 11 and received today.

In July, Teeter had put off a decision on the case until 2013, but had given the U.S. government 60 days to decide whether it was going to continue with Benshimol’s deportation.

Soloway writes, “According to the documents received today, ICE moved quickly to notify the court by the beginning of August requesting that the case be dropped. A few days later, the Judge granted the government’s motion and closed proceedings.”

This is at least the second time ICE has taken such an action in a case. Earlier this year, in a case involving another Venezuelan, Henry Velandia, and his husband, Josh Vandiver, the ICE office in Newark, N.J., took a similar action, noting that Velandia’s case “is not an enforcement priority at this time.”

The move appears to be in line with the plan laid out earlier this week by Department of Homeland Security Secretary Janet Napolitano for focusing on the “highest priority” deportation cases.

Source: metroweekly.com

This story breaks my heart!!  I hope the adminstration does the right thing and helps this couple.S.F. gay married couple loses immigration battle
Citing the Defense of Marriage Act, the Obama administration denied immigration benefits to a married gay couple from  San Francisco and ordered the expulsion of a man who is the primary  caregiver to his AIDS-afflicted spouse.
Bradford Wells, a U.S. citizen, and Anthony John Makk, a citizen of  Australia, were married seven years ago in Massachusetts. They have  lived together 19 years, mostly in an apartment in the Castro district.  The U.S. Citizenship and Immigration Services denied Makk’s application  to be considered for permanent residency as a spouse of an American  citizen, citing the 1996 law that denies all federal benefits to  same-sex couples.
The decision was issued July 26. Immigration Equality, a gay-rights  group that is working with the couple, received the notice Friday and  made it public Monday. Makk was ordered to depart the United States by  Aug. 25. Makk is the sole caregiver for Wells, who has severe health  problems.
"I’m married just like any other married person in this country,"  Wells said. "At this point, the government can come in and take my  husband and deport him. It’s infuriating. It’s upsetting. I have no  power, no right to keep my husband in this country. I love this country,  I live here, I pay taxes and I have no right to share my home with the  person I married."
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This story breaks my heart!!  I hope the adminstration does the right thing and helps this couple.

S.F. gay married couple loses immigration battle

Citing the Defense of Marriage Act, the Obama administration denied immigration benefits to a married gay couple from San Francisco and ordered the expulsion of a man who is the primary caregiver to his AIDS-afflicted spouse.

Bradford Wells, a U.S. citizen, and Anthony John Makk, a citizen of Australia, were married seven years ago in Massachusetts. They have lived together 19 years, mostly in an apartment in the Castro district. The U.S. Citizenship and Immigration Services denied Makk’s application to be considered for permanent residency as a spouse of an American citizen, citing the 1996 law that denies all federal benefits to same-sex couples.

The decision was issued July 26. Immigration Equality, a gay-rights group that is working with the couple, received the notice Friday and made it public Monday. Makk was ordered to depart the United States by Aug. 25. Makk is the sole caregiver for Wells, who has severe health problems.

"I’m married just like any other married person in this country," Wells said. "At this point, the government can come in and take my husband and deport him. It’s infuriating. It’s upsetting. I have no power, no right to keep my husband in this country. I love this country, I live here, I pay taxes and I have no right to share my home with the person I married."


Read Entire Story 

No Deportation for Immigrant in Same-Sex Marriage ⇢

In a decision that could have far-reaching effects on immigration cases involving same-sex couples, federal officials have canceled the deportation of a Venezuelan man in New Jersey who is married to an American man, the couple’s lawyer said Wednesday.

The announcement comes as immigration officials put into effect new, more flexible guidelines governing the deferral and cancellation of deportations, particularly for immigrants with no serious criminal records.

Immigration lawyers and gay rights advocates said the decision represented a significant shift in policy and could open the door to the cancellation of deportations for other immigrants in same-sex marriages.

“This action shows that the government has not only the power but the inclination to do the right thing when it comes to protecting certain vulnerable populations from deportation,” said the couple’s lawyer, Lavi Soloway.

Mr. Holder should erase any confusion by declaring a moratorium on removal of foreign nationals in state-recognized same-sex unions until federal courts determine DOMA’s constitutionality. He should ensure that the government is not focusing on breaking up otherwise law-abiding families.

- Don’t penalize undocumented gay immigrants in civil unions with U.S. citizens - The Washington Post

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this is why we need the Uniting American Families Act passed
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this is why we need the Uniting American Families Act passed

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