Another DOMA case has been filed. (Think the Supreme Court's getting the hint yet?)
Legally married couple, Irma Rodriguez and Jane DeLeon are challenging the Defense of Marriage Act following the denial of immigration benefits to Jane, an immigrant from the Phillipines.
Jane's "temporary lawful status," has been revoked and she's been ordered to leave the country even though she and her wife, Irma have been lawfully married in the California since 2008 and have been in a committed relationship for 20 years.
More after the jump.
The suit was filed yesterday, July 12, by the Center for Human Rights & Constitutional Law, the Public Law Center, the Asian Law Alliance, and the Law Offices of Manulkin & Bennett.
According to the Center for Human Rights & Constitutional Law:
"DeLeon has been approved for an immigrant visa based on her employment. However, because she entered the country in 1989 using the name of her then common-law husband, to get lawful resident status she needs a “waiver” from the U.S. Citizenship and Immigration Service (“CIS”). Such waivers are commonly available to immigrants whose deportation would cause extreme hardship to a US citizen spouse. In DeLeon’s case the waiver was denied in September 2011 solely because she is married to another woman.
DeLeon and her son Martin had temporary lawful status for several years while their visa applications were being processed. When the government denied her waiver application, she was advised that her temporary lawful status was revoked and if she did not depart the country within 12 months she would be barred from reentry for a minimum of ten years."
The couple's lawsuit argues that DOMA denies same-sex bi-national couples the immigration benefits regularly granted to heterosexual couples. The couple claims that they're being denied due process and equal protection of the law in violation of the Fifth Amendment to the United States Constitution.