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Deportation of binational spouse postponed for two years or US could just drop the case



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Some good news today from immigration Judge in San Francisco:

This morning in San Francisco, Doug Gentry and Alex Benshimol -- a married binational same-sex couple -- appeared before Immigration Judge Marilyn Teeter for a deportation hearing and were permitted to remain in the country despite the Defense of Marriage Act (DOMA), the law that prohibits the recognition of same-sex marriages by the federal government. This is the latest in a series of recent court rulings that have demonstrated the inequality that DOMA forces same-sex couples to live under.

Specifically, the judge laid out two options. She gave the government 60 days to decide whether it will agree to drop deportation proceedings against Alex -- a Venezuelan citizen -- altogether. If the government elects not to drop proceedings, the same judge will revisit the case again in September 2013, ensuring that Doug and Alex are protected from deportation for at least two more years allowing them to return to building a life together with their family, including Alex's two step-children.
Of course, the government should just drop the deportation proceedings. There must be better things to worry about. And, the two-year time frame could be enough time to end DOMA, either through the courts or legislatively.

Here's the statement from Lavi Soloway:
"Today the Immigration Judge demonstrated compassion and understanding for Doug and Alex as a married binational couple, granting them a reprieve from deportation by postponing further proceedings to September 2013," said Lavi Soloway, lawyer for Doug and Alex, and founder of Stop the Deportations. "The Judge also gave the government 60 days to inform the court whether it will agree with our request to terminate these proceedings pursuant to prosecutorial discretion guidelines issued June 17 by Immigration and Customs Enforcement Director John Morton. We will continue to advocate for termination of these proceedings and a moratorium on all deportations of spouses of lesbian and gay Americans."

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