Filed Date: March 23, 2011
Closed Date: Sept. 20, 2012
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This action was brought on March 23, 2011, by a married couple who sought an order allowing the U.S. citizen spouse to petition for his foreign national husband to become a permanent resident of the United States. Such petition is allowed for heterosexual spouses, but under the federal Defense of Marriage Act (DOMA), not for same-sex spouses.
The U.S. citizen plaintiff filed his visa petition on January 9, 2011; when he brought the lawsuit, it had not been acted on. But they pointed out that the position of U.S. Citizenship and Immigration Services (USCIS) was that because of DOMA, it lacked authority to allow a spousal petition for a same-sex couple. Likewise, the Board of Immigration Appeals could not hold DOMA unconstitutional. Accordingly, plaintiffs sought relief by the district court.
On January 5, 2012, the U.S. District Court for the Northern District of Illinois in Chicago (Judge Harry D. Leinenweber), found that the plaintiffs could proceed with their lawsuit even though USCIS had not yet rendered a final decision on the visa application. 2012 U.S. Dist. LEXIS 1330, at *16. On July 12, the Court stayed the matter to give USCIS sufficient time to adjudicate the application. USCIS reached its decision on August 6, 2012, and informed the Court the following week that it was denying the visa, both because of DOMA and separately (and alone sufficient, the government said) for other, unrelated reasons. Those non-DOMA reasons were explained in a document filed under seal.
On September 20, 2012, the Court granted the U.S.'s oral motion to dismiss without prejudice. Presumably this was with the agreement of the plaintiff, but no further details appear in the case record.
Summary Authors
Claire Lally (3/13/2015)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5561999/parties/revelis-v-napolitano/
Benno, Heather M. (District of Columbia)
Burton, Justin Russell (Illinois)
Cobb, Erin Christine (Illinois)
Carlson, Jesi J. (District of Columbia)
Bartolomucci, H. Christopher (District of Columbia)
Leinenweber, Harry Daniel (Illinois)
See docket on RECAP: https://www.courtlistener.com/docket/5561999/revelis-v-napolitano/
Last updated Feb. 21, 2024, 3:01 a.m.
State / Territory: Illinois
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: March 23, 2011
Closing Date: Sept. 20, 2012
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The Plaintiffs are two men, married in the State of Iowa; one is a U.S. citizen and the other is a foreign national.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Department of Homeland Security, Federal
Case Details
Causes of Action:
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Unknown
Nature of Relief:
Source of Relief:
Issues
General:
Discrimination-area:
Discrimination-basis:
Immigration/Border: