For now, California married couple Doug and Alex won't be split apart by deportation

SAN FRANCISCO -- An immigration judge today postponed a deportation hearing that would have split apart Doug Gentry and Alex Benshimol, a binational couple from Cathedral City, Calif., who are legally married.

Immigration Judge Marilyn Teeter gave the federal government 60 days to act on a request for termination of deportation proceedings.

The judge also decided to revisit the case in September 2013, essentially giving the couple two years without fear of deportation. By then, the issue may be moot as federal judges continue to chip away at the legality of the Defense of Marriage Act (DOMA), and the U.S. Senate is debating its repeal.

Doug, an American citizen, and Alex, from Venezuela, were legally married. Alex has two step-children who are part of their family.

"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."

Stuart Gaffney, media director of Marriage Equality USA, was grateful to the judge.

"We are elated by this this good news for Doug and Alex, and grateful their family is able to stay together for now. The judge's ruling is also a reminder that during the two years before their next hearing, we have work to do -- only by overturning the so-called Defense of Marriage Act can loving couples like Doug and Alex be assured of their happily ever after," Gaffney said.

"Marriage equality, and immigration policy, are all about keeping families together. The mood at this morning's rally before the hearing was upbeat, and now we are simply overjoyed by such a quick, positive result -- one more happily married couple is now able continue building their family," added John Lewis, legal analyst for Marriage Equality USA.

"Today's hearing was one more step in the march toward full federal equality for LGBT Americans and those they love," said Robin McGehee, executive director of GetEQUAL.

Alex came into the U.S. 12 years ago from Venezuela and overstayed a tourist visa, an immigration violation that straight binational couples can easily remedy once married; as a gay married couple, Doug and Alex do not have that option.

Many binational couples are legally married like Alex and Doug, but they are still treated as legal strangers in the eyes of the federal government. There is only one reason Doug and Alex faced deportation proceedings at all — the Defense of Marriage Act, a law that the President and the Attorney General have both determined to be indefensible and unconstitutional.

To support the couple and to show widespread public support for their right to remain together, legally, in the United States, many organizations working for full federal equality for lesbian, gay, bisexual, and transgender (LGBT) Americans held a rally outside the courthouse in San Francisco where the hearing was scheduled to take place. Organizations leading the rally efforts included Out4Immigration, Stop the Deportations, GetEQUAL, and Marriage Equality USA.

These organizations launched a petition drive last week to show public support for Doug and Alex, garnering close to 17,000 signatures of individuals who are supportive of assigning all the same rights and responsibilities to binational same-sex couples as to binational heterosexual couples.

Organizations supportive of the couple and the rally included API Equality, API Legal Outreach, Asian Law Caucus. Asian Pacific American Legal Center, Central American Resource Center, Chinese For Affirmative Action, Equality California, Immigration Equality, Love Honor Cherish, National Center For Lesbian Rights, National Immigration Justice Center, San Francisco Immigrant Legal And Education Network, and the San Francisco LGBT Center.

Reps. Mike Honda (D-CA) and Zoe Lofgren (D-CA) have also been actively supportive of the couple, and provided written statements that were read at the rally. Rep. Lofgren's statement included a passionate plea for binational families, including the excerpt below:

"Legally-married couples are being torn apart today in America because our laws unconstitutionally discriminate against same-sex marriages. Each and every day, American spouses are being forced to make unacceptable choices: live their lives separated from one another by thousands of miles, abandon their lives in this country and move someplace else, or break the law and go into hiding. This is a heartbreaking situation all across the United States. I believe the Defense of Marriage Act (DOMA) is unconstitutional and that the government should respect legally-married same-sex couples. I am confident that DOMA one day will not be law. The whole country will look back and understand it was simply discrimination."

Speakers at the rally included Bevan Dufty (Supervisor), Phil Ting (Assessor/Recorder), Vincent Pan (CFAA), Ross Mirkarimi (Supervisor), Lavi Soloway (Attorney for Doug & Alex), Heidi Li (APILO), Ming Wong (NCLR), Ana Perez (CARECEN), Annette Wong (SFILEN), Dusty Araujo (NIJC), and Judy Rickard (Author, “Torn Apart: United By Love Divided By Law”).

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