ICE Announces Agreement to Reopen Removal Proceedings for Individuals with Prior Removal Orders who are Eligible for Immigration Relief based on a Lawful Same-Sex Marriage

Nearly one year after the U.S. Supreme Court’s decision in United States v. Windsor, striking down Section 3 of the Defense of Marriage Act (DOMA), Immigration and Customs Enforcement’s (ICE) Office of the Principal Legal Advisor (OPLA) has announced that it will agree to reopen removal proceedings for individuals previously ordered removed from the United States who are now eligible for immigration relief based on a lawful, bona fide, same-sex marriage entered into having been ordered removed from the United States.  

Upon a request from an individual who has previously been ordered removed and who is now in a lawful same-sex marriage and eligible for immigration relief based on that marriage, (i.e., adjustment of status, cancellation of removal, derivative asylum, etc.) ICE OPLA will agree to reopen proceedings.  A Joint Motion to Reopen Removal Proceedings can then be filed with the Immigration Judge, and if granted by the Immigration Judge, the individual will have the opportunity to apply for immigration relief in Immigration Court.

If you are an individual who has previously been ordered removed from the United States, are in a lawful same-sex marriage to a lawful permanent resident or U.S. citizen, and believe that your removal proceedings should be reopened, please contact Kolko & Associates, P.C. for further information about how to request reopening of your immigration removal case.