Attorney General Holder Vacates Immigration Decision Based on DOMA
Posted by Chris Geidner
May 5, 2011 2:20 PM
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 his pending case.
Pursuant to my authority set forth in 8 C.F.R. § 1003.1(h)(1)(i), I order that the decision of the Board of Immigration Appeals ("Board") in this case applying Section 3 of the Defense of Marriage Act ("DOMA"), 1 U.S.C. § 7, be vacated, and that this matter be referred to me for review.
Saying the attorney general "has taken [an] extraordinary step" with the decision, attorney Eric Berndt -- the supervising attorney for the National Asylum Partnership on Sexual Minorities at the National Immigrant Justice Center -- tells Metro Weekly, "It adds some heft to our requests for prosecutorial discretion in individual cases in which the foreign partner" of a same-sex bi-national couple is seeking a green card because of his or her citizen same-sex partner.
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