AG orders BIA to determine if same-sex spouse constitutes a qualified relative for Cancellation relief

Matter of Paul Wilson DORMAN,25 I&N Dec. 485 (A.G. 2011)

The Attorney General vacated the decision by the Board and asked the BIA “to make such findings as may be necessary to determine whether and how the constitutionality of DOMA is presented in this case, including, but not limited to: 1) whether respondent’s same-sex partnership or civil union qualifies him to be considered a “spouse” under New Jersey law; 2) whether, absent the requirements of DOMA, respondent’s same-sex partnership or civil union would qualify him to be considered a “spouse” under the Immigration and Nationality Act; 3) what, if any, impact the timing of respondent’s civil union should have on his request for that discretionary relief; and 4) whether, if he had a “qualifying relative,” the respondent would be able to satisfy the exceptional and unusual hardship requirement for cancellation of removal.”  EQ 

To see the AG Decision click DORMAN