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Obama administration won’t deport Venezuelan man who is married to an American man

By Liz Goodwin | The Lookout – Mon, Aug 22, 2011

Benshimol and Gentry (Courtesy of Stop The Deportations.)The Obama administration has dropped its deportation case against Alex Benshimol, a 47-year-old Venezuelan man who is married to an American citizen, Doug Gentry.

Though Benshimol and Gentry were legally married in Massachusetts in 2008, the Defense of Marriage Act prevents Gentry from sponsoring Benshimol for a green card. The federal government launched a deportation case against Benshimol after he overstayed his visa.

"The constant fear of exile or separation is over, and for that we're very grateful," the couple said in a statement.

Immigration judge Marilyn Teeter ruled in July that Immigration and Customs Enforcement had 60 days to pursue the deportation or drop it. The judge gave Benshimol a two-year stay on his deportation even if immigration officials decided they wanted to pursue the case, citing a June memo from immigration chief John Morton that said the agency should use "prosecutorial discretion" to focus on deporting criminals.

Immigration officials decided Friday to drop the case.

This is the second time the American government has used discretion to avoid separating a same-sex married couple, according to Benshimol's lawyer, Lavi Soloway. The first was in June. Soloway said in a statement that he's "cautiously optimistic" about the news that the government will review all 300,000 deportation cases to stop prosecutions against low-priority illegal immigrants. The agency said it will try not to separate families, including gay and transgender families.

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1,754 comments

Wave • 9 mths ago
When you homophobic, anti-black, anti-jew, anti-anything other than white christian - find one day that your hatred and intolerance is coming from your own demons and that you chose to use God as an "excuse" for your rage, will the real punishment begin. I pray for you.
- Moe 9 mths ago
  Wave, you're the ONE who is in a RAGE. WHY? do you equate DISAGREEMENT with HATE? That's just IGNORANT AND FOOLISH! Just because we DISAGREE with the lifestyle DOES NOT mean WE HATE! Check yourself you ignorant fool, you're the one who is spouting out hatred and intolerance towards people who simply DISAGREE. Get your sh** together you backward individual!
- Ralph 9 mths ago
  The mindless denial of rights and benefits of our government is hatred, Moe. Same sex marriage does not in fact affect traditional marriage in any way, yet Christians continue to lie about it without producing proof. Same sex marriage has existed in the world for more than 10 years and they still cannot produce proof of a cause and relationship of damage to traditional marriage? Such happened in the trial for Prop 8. Disagreement is about teaching others that they should not participate in same sex marriage. Going so far as to introduce a Constitutional amendment to block that freedom is a whole different thing. This country used to be about freedom.
  
  This is no less hatred than the denial of marriage to mixed race couples that was a part of the United States until a few years ago.
  
  Disagree all you want but get out of the way legally. No one is forced to marry their own gender.
Kelly E. Griffin • 9 mths ago
If anyone has looked into marrying someone from another country, there are specific rules and guidelines that have to be followed. This foreigner was here on a green card, and this marriage would've had to be approved before hand, if so the green card would not have been an issue. Why were they trying to deport him if this were the case? It obviously wasn't. Why does anyone think it is okay to allow this just because, just because they are gay or what?
- Ralph 9 mths ago
  There is confusion in the law in this case. Massachusetts says that they are married. DOMA has been ruled unconstitutional but on appeal. DOMA is in conflict with Massachusetts states' right to legislate marriage, by denying this particular marriage to be legitimate.
  
  You might try reading the history of this case. It is not as straightforward as you would like to think. The law is very much up in the air. This is only one of a number of conflicts between states' rights and DOMA.
  
  I might add that the State of New York has also entered the challenge to DOMA because their recent action of legalizing same sex marriage is in conflict with DOMA.
- Kelly E. Griffin 9 mths ago
  Ralph, thank you for communicating additional information on this case. However I'm rather taken aback by the reaction to my posts. I don't believe either of the two comments I made are anti-gay in nature personally, and both have been voted out of view by what I can only presume was the gay community. I only posted as I felt their should be equal standard applied to all types of relationships, and my understanding of the laws I've encountered while researching marriage to foreigners. Though it sounds like your saying if I married a foreign woman under similar circumstances that I wouldn't be afforded the same consideration and priveledges this couple is because our genders wouldn't have been of the same sex?
  
  It also appears by your comments the gay agenda follows that of the Repulicrats and Democlicans, in that it uses the Constutution when it meets their particular agenda, and then ignoring the parts that aren't in their best interests, and equally the same in their support of States Rights. I truly appreciate your having shared this information with me.
  
  Being an Independent, and having never much cared one way or the other about gays or their agenda, as I've worked with them, attended social functions with them, and even had a roommate that was gay for a short period. I now have to consider your community to be in the same category as Republicrats and Democlicans, and will have to reassess my whole idea and opinion of your movement.. Those gays I know will be under a whole new version of scrutiny I've reserved solely for politicians, as well as doing much more extensive research into the gay agenda.
  
  Again thank you and your community for opening my eyes a little further to an issue I've not been paying any attention to.
Kelly E. Griffin • 9 mths ago
Sounds like discrimination to me....would he have done the same for an man and woman having done the same thing. Sounds like a new way to gain access to America illegally.
- Ralph 9 mths ago
  There would be no ambiguity with a man and a woman. There is right now confusion over whether this particular marriage is recognized or not. DOMA would deny the right to citizenship, but DOMA has been ruled unconstitutional so far. Deporting the man on the basis of an unconstitutional law is a violation of Obama's oath to the CONSTITUTION.
A Yahoo! User • 9 mths ago
Rage on heathens.
trooper1127 • 9 mths ago
I agree with the government. All those quoting past incidences or the "law must be enforced at all costs" seem devoid of understanding the state we find ourselves in today. We have over 100,000 people PER YEAR undergoing various stages of arrest, confinement, prosecution, and deportation. The vast majority all get hearings and lawyers, paid for by us, the US taxpayer. Many are organized gang members, narco-traffickers, and of course, pedophile priests. Many will be in the system for years (still paid for by us). Simply put, many will NEVER be deported, for a variety of reasons. In light of this, we simply HAVE to simplify the process and clear the enormous backlog, in whatever logical way we can. This guy, an employed, tax-paying person who actually went through the process and came here legally, and while here fell in love and married an employed, tax-paying American citizen, definitely falls into the "No Brainer" category.
- Ralph 9 mths ago
  I doubt if anyone thinks much about the cost of incarceration. California repeatedly votes for stiffer prison sentences and attempts to box in the judges latitude in sentencing. At the same time the prison system here is bursting at the seams and the State cannot afford to build more prisons. Three convictions and you get a life sentence regardless if it was a violent offense or not. Maybe if those sentencing votes were explicitly tied to tax increases to pay for them there would be rational thought given to voting.
Robert B • 9 mths ago
I always thought I was a cowboy but my girlfriend just told me I am a lesbian. Thank God,,,Mr. Perfect.
- Terry 9 mths ago
  WHAT?
- Robert B 9 mths ago
  I love to ride horses and mend fences but when I found out what lesbians do ,,,I love that just as much. Signed A straight Cowboy.
1st Son • 9 mths ago
Wow!!!! Is illegal still illegal????!!!! Deport that #$%$ and it's husband/wife/Whatever!!!! A marriage between two people of the same sex is un-natural and against God's law!!!! This is what's wrong with our country today,not only the government but it's people as well have lost their Rabbit #$%$ minds!!!!!!! Now we are seeing the true face of Godlessness that is our supposed President,he's not even Black people do your research!!! Barrack Hussien Obama is not an African name,ask ANYONE FROM AFRICA!!!! It's a Middle Eastern MUSLIM NAME,that is passed down in the family line through the Father's side.Come on Black folks,i know that not all of you are that gullible!!! My Black freinds are not fooled and have not been from the start when this man first made the scene,and none of them voted for him and certainly don't support him.I mean come on,has he made life any better for Black men and women since he's been in office????!!!! If he has then why is Maxine Waters calling him out???!!!!! YOU DO THE MATH!!!!
Lawrence • 9 mths ago
I am so disgusted by the obamination administration in its refusal to follow the laws of this country it seems to be a pick and choose which he will enforce what a sorry excuse for a president
fanta • 9 mths ago
Well as America is in such dire straights these days....like unwinable wars....unemploment.....economic turmoil.......political instability.......(it is in fact a very divided Country, far from united !.....) why would ANYONE wanna fight to stay there ?
robert y • 9 mths ago
oh please your killing me just go away
big E • 9 mths ago
Kevir you are omitting the fact he was breaking over stayed his visa, are we going to pick the laws we will obey, it won't work all or none.
Lonepop • 9 mths ago
Please note, in the same situation over and over, a spouse was deported before. But in those cases, the couple were true husband and wife - man and woman. Heterosexual. In at least one case, the wife and MOTHER was separated from her children and deported. No mercy or compassion. In the case of traditional marriage, this government has no compassion. But for same-sex couples, the rules change.

If we are going to have a set of rules of compassion for same-sex couples, are we going to have the same rules for others?
Church Mouse • 9 mths ago
The God of homophobia and bigotry is NOT the real God.... Amen
KevinR • 9 mths ago
Wow didn't even get past the first page of homophobic posts w/ all you religious nuts and just flat out prejudice IDIOTS! This is a working; TAX PAYING couple (do your home work to see the facts) and you all want to separate them and don't care a bit because a) you are judging them already and b) you think its the "law" sorry but we can spend our legislative budget on much more IMPORTANT things and criminals. The fact that you judge and HATE some one for their sexual orientation shows the kind of shallow, pathetic person you all are. I am straight and love women but this is just ridiculous and I hope you all continue to enjoy your miserable; judging, and hating life. Also to all you religious freaks; only God can judge right? Last time I checked you are NOT god.
Chuck • 9 mths ago
Most homosexuals believe in Evolution but homosexuality contradicts evolution.
lar • 9 mths ago
Could be that the earthquake that knocked spires off the national cathedral was just a little jab by God as to how far off this country is headed under the obama administration. Turning the countrys face from God and not enforcing the laws that its citizens have made seem earily similar to what other dictators have done in the past.
Lynn • 9 mths ago
If they were legally married, the government can't just undo it. If you feel being gay is wrong or not doesn't matter, the union is still recognised. What if suddenly the government said Baptists couldn't marry Protestants and they decided to deport the people from no longer recognised marriages?
b • 9 mths ago
You know, other countries that ok'd homosexuality are now okaying beastiality. Its still against nature no matter how you look at it, whats the difference between two men marrying and someone who loves their dog marrying their dog. {GET A CLUE, ITS SICK AND WRONG ON BOTH PARTS. ITS TOTALLY AGAINST NATURE, GOD{ FOR THOSE WHO STILL BELIEVE} AND CREATES A NATION WITH NO MORALES. DISGUSTING.
michael • 9 mths ago
Jesus was gay. Would you deport him?
michael • 9 mths ago
I wish they could deport some Evengelicals back to the Promised Land and get them out of our hair.

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