Cite as 25 I&N Dec. 485 (A.G. 2011) Interim Decision #3712
485
Matter of Paul Wilson DORMAN, Respondent
Decided by Attorney General April 26, 2011
U.S. Department of Justice
Office of the Attorney General
The Attorney General vacated the decision of the Board of Immigration Appeals and
remanded for the Board to make specific findings with regard to the respondent’s eligibility
for cancellation of removal.
BEFORE THE ATTORNEY GENERAL
Pursuant to my authority set forth in 8 C.F.R. § 1003.1(h)(1)(i), I order that
the decision of the Board of Immigration Appeals (“Board”) in this case
applying Section 3 of the Defense of Marriage Act (“DOMA”), 1 U.S.C. § 7,
be vacated, and that this matter be referred to me for review.
In the exercise of my review authority under that regulation, and
upon consideration of the record in this case, I direct that the order of the
Board be vacated and that this matter be remanded to the Board 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.