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In the Matter of Alcota

In the Matter of Alcota

Status:

Closed

Outcome:

Victory

Court:

Board of Immigration Appeals

Issues:

Anti-LGBTQ+ Rulings, Laws and Amendments, Immigration and Asylum, Marriage, Relationships and Family Protections

Attorneys:

Plaintiffs

Cristina Ojeda and Monica Alcota

Attorneys

Lambda Legal
Iván Espinoza-Madrigal

Co-counsel/Cooperating Attorneys
Lavi Soloway of Masliah & Soloway

Amicus brief criticizing the denial of immigration relief for the wife of a U.S. citizen.

Summary

Lambda Legal filed a friend-of-the-court brief with the Board of Immigration Appeals (BIA), supporting Cristina Ojeda and Monica Alcota, a bi-national, married lesbian couple. Alcota, an Argentine immigrant, met Ojeda, a U.S. citizen, in 2008, and the two have been in a committed relationship for three years, marrying in Connecticut on August 27, 2010. As the spouse of a U.S. citizen, Alcota should be legally entitled to immigration protection under the Immigration and Nationality Act. However, U.S. Citizenship and Immigration Services denied Alcota's right to immigration protection, citing the so-called Defense of Marriage Act (DOMA), which bans federal recognition of marriages between same-sex spouses. In the brief, Lambda Legal urges the BIA to close or postpone pending immigration cases involving same-sex couples until legal challenges over DOMA's constitutionality are settled.

History

  • December 2011  Victory! Immigration officials agreed to administratively close this case.

  • September 2010 Cristina Ojeda files a Petition for Alien Relative (Form I-130) on behalf of Monica Alcota, seeking immigration protection for her spouse.
  • May 2011 U.S. Citizenship and Immigration Services denies the petition citing DOMA.
  • July 2011 Lambda Legal files amicus brief in support of Ojeda and Alcota.