Kerry helping a gay couple reunite. Sends letter to A.G. Holder.

[beachmom]

From a Press Release:

KERRY ASKS ATTORNEY GENERAL HOLDER TO REUNITE HAVERHILL COUPLE



BOSTON – Senator John Kerry sent a letter to Attorney General Eric Holder today, urging him to allow a Haverhill man to return to the United States.



Tim Coco and Genesio Oliveira were married in 2005. Two years later, Oliveira was forced to return to his native Brazil because of his expired immigration status. Oliveira had previously applied for asylum because of the brutal treatment he suffered at the hands of the government while living in Brazil.



Immigration laws allow spouses of American citizens to obtain legal permanent residency. Coco and Oliveira are legally married under Massachusetts law, but federal law does not recognize their marriage, so when Oliveira’s asylum request was unjustly denied he was forced to leave his husband.



“Tim and Junior have played by the rules since day one. Junior’s asylum claim is a legitimate one and has been recognized as such, which is why I am asking the Attorney General to come down on the side of fairness, justice, and compassion and allow Mr. Oliveira to return home to Massachusetts to his husband,” said Senator Kerry.





The text of the letter is as follows:





The Honorable

Eric Holder

United States Attorney General

Washington, DC 20520



Dear Mr. Attorney General,



I’m writing on behalf of one of my constituents, Tim Coco of Haverhill, Massachusetts.



Tim, and Genesio “Junior” Januario Oliveira, Jr., were married in Massachusetts in March 2005. However, since August 2007 they have been separated because of Junior’s immigration status. It is for that reason that I look to you for assistance. Under your discretion as Attorney General I ask that you review Junior’s case and if you deem it appropriate, overrule the lower immigration court’s ruling and allow Junior to return to the United States under his original asylum claim.



Junior applied for asylum in 2002 under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, based on a brutal rape and attack he suffered at the hands of government officials in his home country of Brazil. Even though presiding Immigration Judge Francis Cramer, stated that he found Junior’s testimony to be “credible” and his fear of Brazil “genuine” he denied the asylum claim and ruled that Junior “was never physically harmed” by the rape. This outrageous claim was allowed to stand when in June 2007 the Immigration Board of Appeals upheld Judge Cramer’s decision. Junior voluntarily left the United States following this ruling and has been separated from his husband ever since.



The injustice of the initial denial of Junior’s asylum claim continues to this day. Tim had to suffer the loss of his mother recently without his husband and Junior was unable to get a visa to attend the funeral of his mother in law. I hope that you will review this case and determine that the denial of Junior’s asylum claim was in error and let him return to this country. If you have any questions about Tim and Junior’s case please contact my staff at 202-224-2742. I look forward to hearing from you soon.



Thank you for your consideration.





Sincerely,



John Kerry


Also, Rox has covered the issue at the GLBT forum:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=221x123432

[karynnj]

1. This is an important action

It is good that Kerry repeatedly refers to the man as "husband". It is also ok that he gives Holder an out by asking that he do this based on the original appeal as it is appalling that this was rejected. It probably makes the action more likely, but it would be better if Holder honors MA's right to define marriage in their state and grants it on that basis.

Thanks for the interesting link and story.

[ObamaKerryDem]

3. I loved that he did that (referred to him as his "husband") as well..

Giving the full acknowledgement of their union they deserve. I'm glad the Senator is taking this on. Very gutsy. Bravo to you, Senator Kerry, for continuing to fight the good fight for civil rights in this country! :) I hope the appeal is successful.

[TayTay]

2. This is an interesting case

And will test the Obama Administration's will on Gay Rights and the rights of states to determine what marriage is within their borders. Bravo to Sen. Kerry for taking this one on.

[beachmom]

4. The BG reported on it:

http://www.boston.com/news/local/massachusetts/articles/2009/03/21/kerry_makes_plea_for_gay_couple_in_asylum_case/

By all means, though, do not read the comments. What nasty people comment on the BG website.

[beachmom]

5. More info here:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x8283475

[beachmom]

6. Great post, with links to the bill Kerry co-sponsored:

http://www.pamshouseblend.com/showDiary.do?diaryId=10034

Senator Kerry is a co-sponsor of the Uniting American Families Act (UAFA), an act that would allow same-sex partners to sponsor their non-citizen spouses for residency or citizenship. His advocating on behalf of the Coco-Oliveira family will not only benefit that family, but hopefully will raise peoples awareness about how federal law is ripping families apart, and how much we need to pass UAFA. It could also give us some indication on just how serious the Obama administration is about equality. As the wife of a foreign national woman, I'll be keeping close tabs on the outcome of this case and on the progress of the UAFA bill.

Bravo to you, Senator, for standing up for American Families!

[karynnj]

7. Nice link - The second comment is interesting

According to it, Obama is planning a Comprehensive Immigration forum in a couple of weeks. The timing of Kerry making this an issue that Holder will have to think of in personal terms of a MA couple shortly before that forum. Though the major issue is the overall immigration issue - this would be a time where Leahy's amendment might become part of the whole thing.

[beachmom]

8. Oh, this is sad. His request for asylum was denied:

http://www.nytimes.com/2009/10/27/us/27brfs-ASYLUMISDENI_BRF.html

[karynnj]

9. Kerry backing a lawsuit against the government by the couple

Kerry spokeswoman Brigid O'Rourke told On Top Magazine Tuesday that the senator will continue to support the couple's efforts to reunite, including suing the U.S. government.

“Senator Kerry will support Tim and Junior's lawsuit, just as he supported the state's lawsuit challenging the constitutionality of DOMA, and he'll continue to work towards a solution that sees this loving couple reunited for good,” O'Rourke said in an email.

O'Rourke said Senator Kerry voted against DOMA in 1996 because “he knew it would result in tragedies like this one.”

“It's tragedies like this that really underscore why DOMA was wrong in 1996 and is wrong today,” she said.

http://ontopmag.com/article.aspx?id=4773&MediaType=1&Category=26