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2011年5月7日星期六

Judge Gives Immigrant in Same-Sex Marriage a Reprieve From Deportation

The Venezuelan, Henry Velandia, had been awaiting the hearing with dread, since immigration authorities had said it was the last step before his deportation. Mr. Velandia, a dancer, was legally married last year in Connecticut to Josh Vandiver, a graduate student at Princeton. Mr. Velandia was denied legal residency as Mr. Vandiver’s spouse because under a federal law, the Defense of Marriage Act, immigration authorities do not recognize same-sex marriage.


On Thursday, Attorney General Eric H. Holder Jr. intervened in a different immigration case involving a same-sex couple, suspending the deportation of a man from Ireland and sending his case back to the immigration appeals court, asking it to consider several possible grounds on which the Irishman might qualify for legal residency.


Citing the move by the attorney general, Judge Alberto J. Riefkohl of immigration court in Newark postponed Mr. Velandia’s deportation until December at the earliest. The judge said he wanted to allow time for the attorney general and the appeals court to work out whether a gay partner might be eligible under some circumstances for residency.


Gay rights advocates said the back-to-back developments were an important sign that the Obama administration was working to bring consistency to its policy on same-sex marriage. The administration determined in February that the Defense of Marriage Act discriminates unconstitutionally against gay people.


Mr. Holder said then that the administration would no longer defend the act, also known as DOMA, in the courts, but would continue to enforce it until the courts reached a decision on whether it was constitutional.


Rachel B. Tiven, the executive director of Immigration Equality, a legal group that advocates for gay immigrants, said the change of course in the two cases had sent “a signal of openness” from the administration.


“Something is shifting and opening, and change is on the horizon,” Ms. Tiven said.


Supporters of the Defense of Marriage Act, which defines marriage for the purposes of federal law as between a man and a woman, reacted strongly to Mr. Holder’s action.


Representative Lamar Smith of Texas, the Republican who is chairman of the House Judiciary Committee, said the attorney general had “instructed an immigration court to ignore DOMA in future rulings.”


Mr. Smith said the administration was “coming dangerously close to giving the impression they don’t care what the law says.”


In Newark, Mr. Velandia and Mr. Vandiver were mainly relieved that they had avoided separation. “We know this is just a reprieve,” Mr. Vandiver said. “But every day we can have together is invaluable.”


Mr. Velandia, 27, is a salsa dancer who came to the United States in 2002 and failed in his effort to gain an employment visa. He has become a poster case for gay immigrants across the country, as he and Mr. Vandiver, 29, gathered thousands of signatures on an online petition asking Janet Napolitano, the secretary of homeland security, to suspend deportations for all same-sex spouses.


Before the hearing, dozens of gay protesters demonstrated on the sidewalk in front of the federal building in Newark where the immigration court is housed.


Judge Riefkohl noted in the hearing that Mr. Velandia and Mr. Vandiver were a married couple, and he said he wanted to wait for the outcome of the immigration appeals court’s reconsideration of the case of the Irish immigrant.


“We won the victory we were looking for,” said Lavi Soloway, the lawyer for Mr. Velandia and Mr. Vandiver. “The government acknowledged that Henry’s removal was no longer a foregone conclusion.”


The Irishman, Paul Wilson Dorman, came to the United States in 1996 and stayed beyond the term of his visa. But in a potentially important wrinkle, Mr. Dorman joined with an American citizen in June 2009 in a civil union — not a marriage — in New Jersey. That state does not offer same-sex marriage.


His lawyer, Nicholas J. Mundy, said the courts had denied his partner’s petition for a permanent resident visa for Mr. Dorman. But Mr. Holder asked the immigration appeals court to re-examine the case to determine whether Mr. Dorman might qualify for the visa by virtue of his civil union.


Mr. Mundy said he was optimistic about the significance for gay immigrants of Mr. Holder’s action. “It is an extraordinary measure,” he said, “and it sends a clear message that the Obama administration intends to do away with DOMA in its entirety.”


Ms. Tiven, of Immigration Equality, was more cautious. “This is not yet the solution that thousands of families clearly need,” she said.


View the original article here

2011年4月16日星期六

Chilean Judge Orders Exhumation of Former President Allende

 VOA News ?April 15, 2011

A member of Chile's Communist Party of the late President Salvador Allende holds an image of him during a gathering to commemorate the 36th anniversary of the election that led Marxist leader Salvador Allende to the presidency, in front of the La Moneda government palace in Santiago, (2006 file)


A Chilean judge has ordered the exhumation of the remains of former president Salvador Allende to try to determine whether he was killed in a 1973 American-supported coup led by General Augusto Pinochet or committed suicide as planes bombed the presidential palace.


Judge Mario Carroza on Friday ordered Mr. Allende's body exhumed from a marble tomb in Santiago in the latter part of May.? The exhumation is part of a widespread inquiry into alleged abuses that occurred during General Pinochet's dictatorship from 1973 to 1990.? Forensic experts will then try to determine how Mr. Allende, a democratically elected Marxist, died.


After his death, an official report said Mr. Allende killed himself with a rifle given him by his friend, Cuban leader Fidel Castro.? But his family, as well as some politicians and human rights groups, have questioned that ruling.


Allende's daughter, Isabel, now a Chilean senator, says the autopsy of her father's remains will provide the "most rigorous and definitive proof" about how he died.? A Chilean prosecutor is conducting an inquiry into 726 alleged human rights abuses committed during General Pinochet's rule.


General Pinochet died in 2006 of a heart attack while under investigation for corruption, torture and murder.? His government is blamed for at least 3,000 killings of political opponents, including murders of those who were "disappeared" by the military.


Mr. Allende won a narrow election in 1970, but his ascent to power was not welcomed by conservatives in Chile and Washington who feared that he could lead a pro-Soviet communist government.? Then-U.S. Secretary of State Henry Kissinger said the issues of the time were "much too important" to be left in the hands of Chilean voters and said he saw no reason why Washington should "stand by" and let Chile turn communist because of the "irresponsibility of its people."


The U.S. supported the military coup that toppled Mr. Allende as General Pinochet assumed control in Santiago.


Some information for this report was provided by AFP.

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