NJ Immigration Judge suspends deportation of Venezuelan man married to American man

May 7, 2011 § Leave a comment

 

The temporary ruling responds to the Attorney General’s order that it is exploring legal avenues for recognizing same-sex marriages in immigration cases. The Venezuelan, Henry Velandia, had been awaiting the hearing with dread, since Immigration had said it was the last step before his deportation. Velandia, a dancer, was legally married in Connecticut to Josh Vandiver, a grad student at Princeton. Velandia was denied legal residency as Vandiver’s spouse because under the Defense of Marriage Act, Immigration does not recognize same-sex marriage. AG Holder intervened in a different immigration case involving a same-sex couple, suspending the deportation of a man from Ireland and sending his case back to the Board of Immigration Appeals, asking it to consider several possible grounds on which the Irishman might qualify for legal residency. Citing the move by the AG, Immigration Judge Alberto J. Riefkohl in Newark postponed Mr. Velandia’s deportation until December. The judge said he wanted to allow time for the AG and the Board to work out whether a gay partner might be eligible under some circumstances for residency. Gay rights advocates said the back-to-back developments were an important sign that the Obama administration was working to bring consistency to its policy on same-sex marriage. The administration determined in February that DOMA discriminates unconstitutionally against gay people. AG Holder said then that the administration would no longer defend DOMA in the courts, but would continue to enforce it until the courts reached a decision on whether it was constitutional. (excerpts from NY Times)

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You are currently reading NJ Immigration Judge suspends deportation of Venezuelan man married to American man at Harlan York and Associates Immigration Lawyer Team 973.642.1111.

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