Gay Couple Attempting to Stop Deportation of US Man’s Husband

Alfonso Garcia married Brian Willingham in the State ofNew York last year. Alfonso is not in the US legally and Brian is a US citizen.

The couple is trying to prevent Alfonso’s deportation on the basis of discrimination, arguing that a straight married couple would likely receive a postponement or suspension of deportation proceedings. The government detained Alfonso after a traffic stop, learning that Alfonso was not in the US legally. Following Alfonso’s arrest and release, the government commenced deportation proceedings.

The Federal Defense of Marriage act does not recognize same sex marriage, including with respect to immigration issues.