Thread: MA-Haverhill man, fight gov. refusal,asylum to his husband

Published: October 27, 2009 12:49 am


Haverhill man to fight government's refusal to grant asylum to his husband
Deadline passes with no decision from government


By Paul Tennant
ptennant@eagletribune.com

HAVERHILL — A prominent city businessman said he will challenge the federal government's refusal to grant his Brazilian husband asylum in the United States.

"We're going to federal court with a DOMA (Defense of Marriage Act) challenge," Tim Coco said last night.

Coco's husband, Genesio "Junior" Oliveira, has said he feared being returned to Brazil because he was raped there as a teenager.

Coco, who owns and operates the COCO+CO. advertising firm in Haverhill, said Attorney General Eric Holder did not act on a Friday deadline in Oliveira's case, effectively denying the 30-year-old man's request for asylum on humanitarian grounds.

"We needed the attorney general to make a decision on whether Junior could come home," said Coco, 48. "He didn't take this request seriously.''

The Justice Department did not immediately return messages.

Coco submitted the following statement to the media:

"Attorney General Eric H. Holder Jr. betrays the civil rights movement from which he has benefited.

"His office passed up a Friday deadline to retract a July 27, 2009 letter to Senator John F. Kerry. The letter, kept under wraps while both sides continued to negotiate, sets back decades of legal precedent by preposterously ruling 'forced' sex is not rape.

"Senator Kerry alerted Holder last March that forced sex is, in fact, the definition of rape. At that time, Senator Kerry correctly asserted that the claim is 'outrageous' and asked Holder to intervene in the adverse asylum ruling against my spouse, Genesio ''Junior'' Oliveira Jr., made by an illegally appointed immigration judge. All these months later, the attorney general's woefully delayed and inadequate response overlooks the facts that Junior's testimony has already been ruled 'credible' and his fear of Brazil 'genuine.'"

In 2002, Oliveira had sought asylum in the United States because he said he was raped as a teenager in Brazil. But an immigration judge denied his request and Assistant Attorney General Ronald Weich said in a letter that Oliveira repeatedly remarked at his hearing that he "was never physically harmed" by anyone in Brazil. Coco said Oliveira was referring to street beatings.

Oliveira returned to Brazil in 2007 after losing an appeal. Before he left, he and Coco married in Massachusetts in 2005 and bought a house together.

Immigrants also can apply for residency if they marry U.S. citizens. But the federal government does not recognize gay marriages under the Defense of Marriage Act, and Oliveira's request to remain in the United States based on his relationship with Coco was denied this year.

In March, Kerry asked Holder to grant Oliveira asylum on humanitarian grounds. Kerry spokeswoman Brigid O'Rourke said yesterday the senator will continue to work toward a solution that would reunite the couple for good.

"The fact is that if Tim and Junior were a heterosexual married couple, they would never have suffered through more than two years of separation," O'Rourke said.

Coco said he thought there was "no way" the Obama administration would deny Oliveira's asylum request after Kerry made his plea to Holder.

"We are profoundly sad," said Coco. "This is more than any married person should have to face."

Coco said he has spent about $250,000 on legal bills and hasn't seen Oliveira since January, though the two video chat online every night.

Oliveira was denied a visa to return to Massachusetts last year for the funeral of Coco's mother. Oliveira now lives with his mother, helping her run a boarding house for students. Coco said the couple plans to launch a legal challenge against the federal Defense of Marriage Act as a violation of immigration laws.

"This is our last shot, if nothing else works," said Coco. "But we think we can pull this off with the right legal counsel."

O'Rourke said Kerry supports the couple's legal challenge to the Defense of Marriage Act, which limits how state, local and federal bodies can recognize partnerships and determine benefits. He also called for a law to extend benefits to domestic partners.

This month, President Barack Obama called on Congress to repeal the Defense of Marriage Act.


http://www.eagletribune.com/punews/loca ... 04915.html

In 2002, Oliveira had sought asylum in the United States because he said he was raped as a teenager in Brazil

Let the Brazilan gov't make it up to him. Why should America have to pay for him and other illegals?

Coco's husband, Genesio "Junior" Oliveira, has said he feared being returned to Brazil because he was raped there as a teenager.

I'm sorry but bad things happen in the US too. What country are the US rape victims fleeing to?

Rape is not a justification for asylum. Going back to Brazil is not going to cause him to be raped again and staying in America will not prevent it either.

Don't get romantically involved with illegal aliens or people with pending citizenship issues.

Dixie