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Board of Immigration Appeals Break Rank

By Janice G. Inman
July 27, 2005

In a rather startling postscript to the two-part story on the marriage rights of transgendered persons that ran in the June and July issues of this newsletter, we now have this to report: A branch of the federal government has declared valid for the purpose of recognition of immigration status the marriage of a female-to-male postoperative transsexual to a woman. The case, In re Jose Mauricio Lovo-Lara, 23 I&N Dec. 746 (BIA 2005) Interim Decision #3512, came before the U.S. Board of Immigration Appeals (BIA) after a decision from the director of the Nebraska Service Center (NSC) denied Lovo-Lara a visa based on his marriage to Gia Teresa Lovo-Ciccone, a male-to-female post-operative transsexual.

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