Major development for binational, married couples. Chris Geidner at Metro Weekly broke the news:
Attorney General Eric Holder today filed a very rare decision, vacating a decision by the Board of Immigration Appeals related to the application of Paul Wilson Dorman, in which the BIA applied Section 3 of the Defense of Marriage Act to a pending case.So, the Obama administration does have discretion (when they want to use it.)
The big question is what are the ramifications for other binational couples. It appears this could be significant. Kerry Eleveld just forwarded me an email she got from Lavi Soloway, the lawyer who writes at the blog, Stop the Deportations. Lavi wrote:
In a cancellation of removal case involving a same-sex couple in New Jersey, the Attorney General of the United States has vacated a decision by the Board of Immigration Appeals and remanded the case for a new ruling. Specifically, the AG has asked the BIA to rule on whether a same-sex partner could qualify as a spouse under the Immigration and Nationality Act.So, this could be very significant for Henry Velandia who is facing deportation tomorrow.
"This development could be a sign that the Obama administration is looking for a way to protect gay and lesbian bi-national couples who are currently barred from the regular marriage-based immigration process by the Defense of Marriage Act," said Lavi Soloway, co-founder of Stop the Deportations and Immigration Equality. "This is precisely why we must continue to advocate for the executive branch to implement administrative remedies to keep couples from being torn apart, remedies which include instituting a moratorium on deportations. The heart-breaking stories of couples facing deportation have raised the profile of this issue, but we must keep the pressure on. Tomorrow, another New Jersey couple faces an Immigration Judge at a final deportation hearing in Newark. We will ask the Immigration Judge to adjourn proceedings in light of today's action by the Attorney General."
And, by the way, pressure works. It's the only thing that works.
