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No Deportation for Henry Velandia, Yet
July 1, 2011 4:20 AM   Subscribe

Federal Immigration Authorities Cancel Removal Proceedings for the Same Sex Spouse of a US Citizen.

In a decision that could signal a major policy shift, US immigration authorities have decided to drop deportation proceedings against Henry Velandia who is married to Josh Vandiver, a US Citizen. Previously, Attorney General Eric Holder had remandeda similar case for consideration of whether or not a same sex partner would be considered a spouse absent the 1996 Defense of Marriage Act.
posted by Bulgaroktonos (14 comments total) 9 users marked this as a favorite

 
It's early here but it took me three readings and a big swig of coffee to determine from the title whether or not this was good news.

[spoiler]it is[/spoiler]
posted by drowsy at 4:26 AM on July 1, 2011 [1 favorite]


I am pleased to see this turn of events, and I wish them both well.

However, I must admit to being a petty man. The part of this I will appreciate the most is the red-faced apoplectic screaming fits from the social conservatives and declaration that this is the end of civilization as we know it. Say what you will about being brought down to their level, I plan on relishing this feeling of schadenfreude.
posted by Saydur at 4:28 AM on July 1, 2011


This is good news, and has been going on for a few months now here and there. (Previously on MetaFilter)

At least it's one place where the Obama administration said they were going to stop pursuing prosecutions of something and are following through. (Medical Marijuana clinics continue to be raided.)

Someday all this gay marriage stuff is going to look so silly and quaint. For now, it's still a huge battle.
posted by hippybear at 4:37 AM on July 1, 2011


I was really happy to read this news yesterday. When I had first read about their case a few months ago, I was much less optimistic.

Someday all this gay marriage stuff is going to look so silly and quaint. For now, it's still a huge battle.

Yes, exactly. The speed at which public attitudes are changing on this is amazing to me. My sense (backed up with no data whatsoever) is that attitudes towards interracial marriage have changed much, much more slowly. A few more years and the ranting homophobe bigots are going to be looking a lot more isolated; it was only a few years ago that they seemed to have a rock-solid majority.
posted by Forktine at 5:34 AM on July 1, 2011 [1 favorite]


It's early here but it took me three readings and a big swig of coffee to determine from the title whether or not this was good news.

You should see what the non-obvious immigration decisions look like. Usually I get excited over things like 'unpublished BIA decision: knowing use by a minor of falsified identification papers purchased in good faith by subsequently deceased parent is not a crime of moral turpitude for cancellation purposes.' Last year's top quote on the subject was from Judge Richard Posner of the 7th circuit: 'The law can't be that ridiculous.' If you have time, can live with the poor audio quality, and have a legalistic sense of humor then you absolutely must listen to the oral argument.
posted by anigbrowl at 10:03 AM on July 1, 2011


Well, acceptance of gay marriage tends to snowball; as states legalize it and the apocalypse doesn't happen, it becomes clearer that the anti-gay-marriage types are full of it.
posted by WorkingMyWayHome at 10:47 AM on July 1, 2011 [2 favorites]


Usually I get excited over things like 'unpublished BIA decision: knowing use by a minor of falsified identification papers purchased in good faith by subsequently deceased parent is not a crime of moral turpitude for cancellation purposes.'

I've only ventured into the world of immigration court once in my short legal career, representing an asylum applicant with a one year bar issue, but I would have been happy to see a BIA decision that said ANYTHING even remotely useful. We won, which was awesome, but the complete lack of case law was infuriating.
posted by Bulgaroktonos at 10:50 AM on July 1, 2011


This made my day.
posted by Mental Wimp at 12:37 PM on July 1, 2011


Yay!! I love this news.

Well, acceptance of gay marriage tends to snowball; as states legalize it and the apocalypse doesn't happen, it becomes clearer that the anti-gay-marriage types are full of it.

That comment reminded me of this anti-gay-marriage type admitting he was wrong. So, you know, it could happen!
posted by Kimberly at 1:10 PM on July 1, 2011


I have a friend who's effectively stuck in Hungary because her wife got deported from the US. I hope that eventually they can both come here freely.
posted by BrotherCaine at 1:59 PM on July 1, 2011


cceptance of gay marriage tends to snowball; as states legalize it

This isn't going to move forward with state after state changing the laws; it's going to move forward when it hits the Supreme Court.
posted by eoden at 2:36 PM on July 1, 2011


...effectively stuck in Hungary...

Well, there are worse places to be stuck... Wyoming comes to mind.
posted by kaibutsu at 12:55 AM on July 2, 2011


Well, there are worse places to be stuck... Wyoming comes to mind.

Why would you say that? Wyoming is one of the most beautiful states in the country, and contains most of Yellowstone National Park, which if you haven't ever seen you should go at least once before you die.

But more to the point, Wyoming is one of the very few states in the country in which a "we won't recognize gay marriage" bill was introduced into the legislature and then killed.

Yes, that's right. They deliberately did NOT vote to pass this bill. They also didn't pass a "marriage is only between a man and a woman" bill.

Don't go knocking Wyoming. It's got more going on than you give it credit for.
posted by hippybear at 5:03 AM on July 2, 2011 [2 favorites]


ok, ok, you win... I just can't help but think of this when Wyoming comes to mind...
posted by kaibutsu at 2:42 AM on July 3, 2011


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