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Judge halts deportation proceedings for gay Venezuelan national

Court cites Holder’s order to vacate as reason to adjourn

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A U.S. immigration judge on Friday halted deportation proceedings for a Venezuelan national facing expulsion from the country because of the Defense of Marriage Act in part because of a recently issued order from the Justice Department interceding in a related case.

Judge Alberto Riefkohl granted an adjournment until Dec. 16 in the case Henry Velandia, a salsa dancer who’s in a legal same-sex marriage and faces deportation to Venezuela. The judge, who heard the case in a Newark, N.J., court, could have ordered deportation on the date of the hearing and barred Velandia from returning to the United States for 10 years.

Josh Vandiver, Velandia’s spouse, had filed an I-130 marriage-based green card petition for Velandia, which was denied in January on the sole basis of DOMA. After President Obama announced in February that he would no longer defend DOMA in court because he determined the law was unconstitutional, Vandiver re-filed the petition, which remains pending with U.S. Citizenship & Immigration Services.

Lavi Soloway, an attorney with Masliah & Soloway PC in New York who’s handling Velandia’s case, said the judge made his decision on the basis that Vandiver’s marriage-based green card petition is still pending and because of a recent decision by U.S. Attorney General Eric Holder in a related immigration case.

On Thursday, Holder issued an order to vacate for another bi-national same-sex couple in New Jersey seeking recognition of their civil union for immigration purposes, halting the potential deportation and the separation of this couple.

“Today we have won an important victory by stopping the deportation of Henry Velandia,” Soloway said. “The Immigration Judge has demonstrated that it is appropriate to proceed with caution when a marriage-based green card petition is pending precisely because the law and policy impacting lesbian and gay bi-national couples is in a state of flux. The Immigration Judge has acted to protect Josh and Henry from being torn apart at a time when new developments suggest that potential solutions for bi-national same-sex couples may be on the horizon.”

According to Soloway. Immigration & Customs Enforcement Assistant Chief Counsel David Cheng, who’s prosecuting the case on behalf of the Department of Homeland Security, agreed to the adjournment.

“The attorney felt that it was appropriate to proceed with caution and give this process a chance to play out, and, if that’s the case, then they changed their position and they agree with the judge,” Soloway said. “So they were very cooperative.”

In a statement, Vandiver said the judge “made the right decision” by postponing these proceedings and stopping, at least temporarily, Velandia’s deportation.

“We are breathing a sigh of relief that we will be able to live in peace for a few more months, now that the immediate threat of deportation has been removed,” Vandiver said. “We treasure every day we have together. But couples like us are still being torn apart every day. Every day, spouses of gay and lesbian Americans are facing deportation and denied access to green cards only because of the Defense of Marriage Act.”

Robin McGehee, director of GetEQUAL, which rallied at the Newark court in support of Velandia along with other LGBT groups, said Velandia and Vandiver’s friends are “all certainly breathing a sigh of relief” in the wake of the decision and noted the couple has “a bit of time to re-group, re-connect, and re-strategize about how to move forward.”

“It’s unbelievable that couples like Henry and Josh are being forced to go through the emotional and financial stress of this process, while straight couples experience nothing of the sort — we’re committed to standing beside this couple, and the tens of thousands of other same-sex bi-national couples who are facing similar scenarios across the country,” McGehee said.

Soloway noted the judge’s action is only temporary reprieve for Velandia and called on the Obama administration to take action to prevent the deportations of foreign nationals in same-sex marriages until a final decision is made on the constitutionality of DOMA.

“The administration must act now to institute a moratorium on all deportations of spouses of gay and lesbian Americans to ensure that all same-sex bi-national couples are protected until the fate of DOMA is determined by Congress or the Supreme Court,” Soloway said.

Questions still remain about whether Velandia will be able to remain in the United States following the hearing in December. Soloway said the implications of the attorney general’s order and possible action from the Obama administration are still unclear.

“We simply don’t know what the scenario will be come December,” Soloway said. “We are hopeful that what we are seeing is evidence that the administration understands the crisis that bi-national couples are facing and that they’re looking for ways to develop remedies and implement them.”

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Arizona

Shooting outside gay bar in Ariz. leaves three dead

Tucson police investigating double murder-suicide as a hate crime

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The shooting happened outside Venture-N bar in Tucson, Ariz. (Washington Blade photo by Michael K. Lavers)

Three people were fatally shot outside a gay bar in Tucson, Ariz., early Monday morning, about a mile from the city’s nightlife district.

Police have said the shooting, which took place in the parking lot of Venture-N bar at 1239 N. 6th Ave., was likely a hate crime and a double murder-suicide following a verbal altercation.

The suspect, Ousman Ceesay, allegedly shot Vincent Anthony Siqueiros and Cameron Davis Capara while they were outside the club around 12:30 a.m. Monday.

Reports show Capara and Siqueiros were pronounced dead at the scene. Ceesay died after being taken to a local hospital with gunshot wounds.

Police have also said that Ceesay was carrying a list of LGBTQ businesses at the time of the shooting.

Arizona Public Media has said police are investigating the case as a hate crime because the suspect was carrying a note containing the names of multiple LGBTQ-associated businesses.

“I am deeply saddened that another senseless loss of life has happened in our community,” Tucson Police Chief Monica Prieto said in a statement. “Bias-based crimes are especially heinous and have no place in our community.”

According to Prieto, there is no imminent threat to the community, and the Tucson Police Department is working to provide extra protection to various LGBTQ businesses across town.

Congresswoman Adelita Grijalva, who represents the area, issued a statement condemning the act of violence, which appears to have been at least in part motivated by homophobia.

“I am disgusted and deeply saddened to learn of a targeted act of hate and the cold-blooded murder of two members of our LGBTQIA+ community, Vincent Siqueiros and Cameron Capara, at the Venture-N bar in Tucson last night. This horrific attack is a painful reminder that even in welcoming communities like Tucson, hate and violence against the LGBTQIA+ community still exist.”

“When that hate is combined with easy access to firearms, the consequences can be deadly. I am sick and tired of Congress refusing to lift a finger to protect our communities while, every day, dozens of people are shot and killed across the country. It does not have to be this way. The House of Representatives is returning to session this week, and our first action should be passing common-sense gun safety reforms that we know can save lives.”

Other federal lawmakers also condemned the shooting.

The Congressional Equality Caucus, which is made up of federal legislators advancing LGBTQ interests, issued a statement after news broke.

“Our hearts are with the friends and loved ones of the victims of this devastating attack outside a Tucson gay bar and with the Tucson LGBTQI+ community,” it said on X. “No one should fear violence because of who they are — and we’re going to continue fighting to build a world where no one does.”

The Human Rights Campaign, the largest LGBTQ organization in the country, released a statement following the shooting.

“We are heartbroken by the loss of Vincent Anthony Siqueiros and Cameron Davis Capara and our hearts are with their families, loved ones, and the entire Tucson LGBTQ+ community. Once again, we are reminded that gun violence robs people of their lives, destroys families, and devastates communities.”

A candlelight vigil honoring the victims is planned for Sept. 2 at 6:30 p.m. at Catalina Park in North Tucson.

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Congress

HRC president campaigns for Chris Pappas in NH

Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen

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Human Rights Campaign President Kelley Robinson, left, campaigns with U.S. Rep. Chris Pappas (D-N.H.) in Manchester, N.H., on Aug. 30, 2026. (Photo courtesy of the Human Rights Campaign)

Human Rights Campaign President Kelley Robinson on Sunday campaigned for U.S. Rep. Chris Pappas (D-N.H.) in New Hampshire.

Robinson traveled to Manchester, the state’s largest city, nine days before the Sept. 8 primary that will determine who will vie for retiring U.S. Sen. Jeanne Shaheen (D-N.H.)’s seat.

Former U.S. Sen. John E. Sununu, who represented New Hampshire in the U.S. Senate from 2003-2009, will face off against former U.S. Sen. Scott Brown, who represented Massachusetts in the U.S. Senate from 2010-2013, in the Republican primary.

Karishma Manzur is among the Democrats challenging Pappas.

A poll the University of New Hampshire Survey Center released on Aug. 26 shows Sununu is ahead of Brown. The same survey shows Pappas ahead of Manzur and his other Democratic challengers.

The UNH Survey Center poll shows Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.

Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.

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National

Milo Yiannopoulos deported to UK

ICE arrested far-right provocateur in New Orleans on Thursday

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Milo Yiannopoulos (Photo via Homeland Security @DHSgov/X account)

Editor’s note: The Department of Homeland Security on Saturday said Milo Yiannopoulos has been deported to the U.K.

U.S. Immigration and Customs Enforcement on Thursday arrested far-right provocateur Milo Yiannopoulos.

A DHS spokesperson in a statement sent to the Washington Blade said ICE arrested Yiannopoulos, who they described as “an illegal alien from the United Kingdom,” at Louis Armstrong New Orleans International Airport.

The DHS spokesperson said Yiannopoulos “legally entered the country” in New York on May 14, 2019.

“He chose to overstay his welcome in violation of our nation’s laws,” said the spokesperson.

The DHS spokesperson said an immigration judge on July 22 “issued a final order of removal” for Yiannopoulos “after failing to show up for his immigration hearing.” The Times-Picayune newspaper in New Orleans on Friday reported Yiannopoulos is being held at an ICE detention center in Alexandria, La., which is about 200 miles northwest of the Crescent City.

“He will remain in ICE custody pending removal,” said the DHS spokesperson.

Yiannopoulos has, among other things, repeatedly targeted transgender people and Muslims.

The American Conservative Union, which organizes the annual Conversative Political Action Conference, in 2017 disinvited Yiannopoulos from speaking at that year’s CPAC after a video in which he appeared to condone sex between adults and underage boys emerged. Yiannopoulos subsequently resigned from Breitbart News, a far-right news website, where he had been a senior editor.

Yiannopoulos later that year married his boyfriend in Hawaii. The far-right provocateur in 2021 claimed he was an “ex-gay.”

The Australian government in 2019 banned Yiannopoulos from entering the country “on character grounds.” Yiannopoulos was also banned from Facebook, Twitter (now X), and other social media platforms.

Milo Yiannopoulos speaks at a “Gays for Trump” event during the 2016 Republican National Convention in Cleveland. (Washington Blade file photo by Michael Key)

The Times-Picayune reported Yiannopoulos “most recently worked for” Ye, formerly known as Kanye West.

The controversial rapper is scheduled to perform in New Orleans on Friday.

Laura Loomer, a far-right conspiracy theorist who is close to President Donald Trump, has called for Yiannopoulos’s deportation. Loomer on Friday wrote on X that she “reported him to ICE and the FBI” after he “called for me to be assassinated.”

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