Tag Archives: Deportation

US Gov’t Rips Man Away From AIDS-afflicted Spouse

9 Aug

Bradford Wells and his husband Anthony John Makk (photo by Noah Berger, Special to the SF Chronicle)

After some legal wins in the cases of bi-national gay and lesbian couples, this devastating story comes out of San Francisco.

The San Francisco Chronicle reports on Bradford Wells, a U.S. citizen, and Anthony John Makk, a citizen of Australia. The two were legally married in Massachusetts seven years ago and have lived together 19 years, primarily in San Fran’s Castro District.

On July 26th, the Obama administration made the decision to rip the couple apart and send Makk out of the country, citing the discriminatory Defense of Marriage Act. Makk must leave the country by August 25th.

What makes this story even more heartbreaking and cruel is that Wells is suffering from AIDS and his husband is his primary caregiver. Wells told the SF Chronicle:

“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.”

As we reported here at the end of June, the deportation case of Henry Valendia was dismissed following a series of questions asked by Attorney General Holder regarding another deportation case. Those questions were the reason Holder vacated an earlier decision to separate a family by deportation.

Unfortunately, the judge in the case of the Wells-Makk family did not see the Obama administration’s decision to no longer defend DOMA as reason enough to stop this injustice. Please read the entire heartbreaking story at the San Francisco Chronicle.

Deportation Proceedings Dismissed in Same-Sex Marriage Immigration Case

30 Jun

Josh Vandiver (photo by Jamie McGonnigal, EqualityPhotography.com)

With marriage equality now a reality in New York, our next step is securing more state victories while at the same time – overturning the so-called Defense of Marriage Act (DOMA). As we discussed here recently, there have been several challenges to the constitutionality of DOMA, including now 14 federal court cases finding the law to be unconstitutional.

Another battle which is loosening the Jenga pieces under this bigoted piece of legislation is the fight for immigration rights by bi-national couples. One such case that we’ve covered is that of Henry Valendia and Josh Vandiver, a legally married couple residing in New Jersey. Under DOMA, Valendia, a Venezuelan national, was denied legal residency.

Last month, AG Holder vacated a decision made by the Board of Immigration Appeals (BIA). He followed up with four questions to the board:

In the exercise of my review authority under that regulation, and upon consideration of the record in this case, I direct that the order of the Board be vacated and that this matter be remanded to the Board to make such findings as may be necessary to determine whether and how the constitutionality of DOMA is presented in this case, including, but not limited to: 1) whether respondent’s same-sex partnership or civil union qualifies him to be considered a “spouse” under New Jersey law; 2) whether, absent the requirements of DOMA, respondent’s same-sex partnership or civil union would qualify him to be considered a “spouse” under the Immigration and Nationality Act; 3) what, if any, impact the timing of respondent’s civil union should have on his request for that discretionary relief; and 4) whether, if he had a “qualifying relative,” the respondent would be able to satisfy the exceptional and unusual hardship requirement for cancellation of removal.

While there is no news as to any answers received by AG Holder, some incredible news came to the Valencia-Vandiver family yesterday in the form of a dismissal by Jane H. Minichiello, the chief counsel at the Newark office of Immigration and Customs Enforcement, and arm of the Homeland Security Department. The judge granted the motion to close the case on June 13th and the couple’s lawyer, Lavi Soloway received official copy of the order yesterday. While the decision was confirmed, no further information on future similar immigration cases was given.

According to the New York Times, Mr. Valendia said: “I can start breathing now after so many months of fighting. I was holding my breath for fear of any moment being sent away.” he continued by saying the decision was a “big step forward” but did not address the continued problem of whether federal recognition of marriage equality would become a reality. “The fight isn’t over.” Valendia said.

Congratulations to the Valendia-Vandiver family and thank you for the work you’ve done in advancing equality.

Evan Wolfson, Founder and President of Freedom to Marry also commented on the government’s decision to dismiss these proceedings:

“Freedom to Marry applauds the U.S. government for bringing anend to this deportation process, which threatened to cruelly separate a couple who, like so many others, fell in love, made a lifetime commitment to one another, and got married – but because they are gay, were denied the normal family immigration protections afforded other married couples.  While this exercise of sound government discretion is most welcome, Josh and Henry, along with so many other families, should not be vulnerable to the unfair treatment or uncertainty caused by federal marriage discrimination against same-sex couples.  It is time for Congress to pass the Respect for Marriage Act, which would repeal the so-called Defense of Marriage Act and end the hardship and unfairness that burden the lives of loving and committed couples.”