Earlier this month, an immigration judge in Texas administratively closed a deportation case against a gay, married man. The man’s attorney states that the closure of the deportation case was in large part due to his marriage to a U.S. citizen.

David Gonzalez, an accountant from Costa Rica, entered the US with a visa in 2000 but ended up over staying his visa. Gonzalez married a US citizen in 2008 in California when same-sex marriage was legal.

Equality under U.S. Immigration Law

The newsworthy portion of this story, in my opinion, is that courts are starting to decide cases involving gay, lesbian, bisexual and transgender cases similarly to how they would for other cases.

Under current immigration laws, parents and spouses of U.S. citizens who enter the country by legal means, such as with a visa, are able to adjust their status to that of a legal permanent resident. Gonzalez, who is married to a U.S. citizen, in theory qualified for permanent resident status. The problem is that he is married to a member of his same sex. Had he been married to a female US citizen, he would have no problem filing to permanent residence.

If there was equality under U.S. immigration law Gonzalez would not have wound up in front of an immigration judge facing deportation. This is why I feel Judge Richard Walton administratively closed the deportation case against Gonzalez.

What do you think? Should the judge have administratively closed Gonzalez’s case?

To learn more about immigration laws, click here.

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