California Judge halts deportation of gay spouse

San Francisco, CA- Two California men have been thrust in the middle of two of this year’s most contentious socio-political issues, gay marriage and immigration, when they faced the reality that they would be split up because of an impending deportation of Alfonso Garcia, the undocumented spouse of Brian Willingham.

However, a California Judge stopped the deportation of Garcia on Thursday based on the fact that he was married to American citizen and instead ordered he obtain a green card, which can be facilitated by an immigration attorney.

While this appears to be a routine illegal immigration case, this indicates that federal judges are beginning to recognize the legitimacy of same-sex marriages, despite the DOMA Act and gives hope to other bi-national couples.

Willingham and Garcia were married in New York State last year and registered as domestic partners in California, but Willingham was not able to sponsor his husband for legal residency, because of DOMA.  

Garcia, like so many illegal immigrants, was brought to the sates by his parents, who didn’t get legal documentation made easier by an immigration attorney. He was stopped for a routine traffic violation last year where a background check revealed he was undocumented. Garcia was then detained while he waited for deportation, which he has now successfully avoided.

The judge’s decision in this case may be beneficial to other bi-national same-sex couples in future and can be used as a precedent for immigration lawyers who represent them in deportation cases.