Since this action was commenced on July 12, 2012, the Supreme Court hasheld that Section 3 of the Defense of Marriage Act (“DOMA”) is unconstitutional.
See United States v. Windsor
, 133 S. Ct. 2675 (2013). Not only is the ExecutiveBranch no longer applying Section 3 of DOMA, it is working expeditiously toimplement the
decision across the federal government.As a result, the Defendants are already providing the relief sought byPlaintiffs in this action. Specifically, the Department of Homeland Security(“DHS”) is evaluating all immigration petitions and applications, including I-485applications for adjustment of status, without regard to Section 3 of DOMA.
see also In re Zeleniak
, 26 I. & N. Dec. 158, 159 (B.I.A. 2013) (holding thatSection 3 of DOMA is no longer an impediment to the recognition of lawful same-sex marriages if the marriage is valid under the laws of the State of celebration).Additionally, DHS recently announced that it is reopening prior applications thatwere denied solely on the basis of Section 3 of DOMA, without charging a fee toapplicants.
“Same-Sex Marriages – Frequently Asked Questions” (citedhereafter as “Guidance Regarding Reopening”), pp. 1-2
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f 6d1a/?vgnextoid=2543215c310af310VgnVCM100000082ca60aRCRD&vgnextchannel=2543215c310af310VgnVCM100000082ca60aRCRD. If an applicant’s work authorization was denied or revoked based upon the denial of the I-485 application,the denial or revocation will be “concurrently reconsidered, and a newEmployment Authorization Document issued, to the extent necessary.”
.The decision to reopen petitions and applications that were denied solely based onSection 3 of DOMA effectively remedies any accrual of unlawful presence under 8U.S.C. § 1182(a)(9)(B)(i) resulting directly from the denial of the petition or application based solely on Section 3 of DOMA. As a result, this Court need not
Case 8:12-cv-01137-CBM-AJW Document 149 Filed 07/29/13 Page 2 of 12 Page ID #:3437