An immigration judge in Newark, New Jersey, suspended the deportation order of a Latin American partner married of the same sex, which could open a path to recognition of these rights in immigration cases, it was reported yesterday.
According to a note of the newspaper The New York Times , Alberto Riefkohl judge on Friday granted a temporary stay of deportation to Venezuela Henry Velandia, 27 and professional salsa dancer. Velandia
married a year ago in Connecticut, where it is legal marriage between persons of the same sex with Josh Vandiver, a student aged 29, graduated from Princeton.
The resolution could be very useful to the administration of President Barack Obama, who has sought ways to recognize the rights immigrants who integrate same-sex marriages.
The authorities had denied legal residency Velandia on the grounds that under federal law and the Act of the Defense of Marriage Act, immigration authorities may not recognize same-sex unions.
But on Thursday, Attorney General Eric Holder participated in another immigration case involving same-sex couples to suspend the deportation of an Irishman to consider the options that it may have to obtain legal residency.
beginning of the year, Holder had said the government would not defend the Defense of Marriage Act in court, even as it continues force.
In fact, the government allowed for a short period requests for spousal benefits to same-sex immigrants, but later reversed that position after a review of the law. Based
action Holder, Judge Riefkohl, the immigration court in Newark, postponed the deportation order may Velandia until December to allow time for the prosecutor to bring this case to the appellate court. Velandia, who came to America in 2002 and failed in their attempts to get a work visa, has become a symbol for the gay community in that country.
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