Kerry urges Holder to reunite gay couple

Haverhill resident Tim Coco tried in vain to petition the Bush administration to allow his husband, Genesio Oliveira, Jr., to return from his native Brazil to the United States, but now Coco and Sen. John Kerry hope that they will have more success under the Obama administration. Coco and Oliveira married in 2005, but two years ago Oliveira was forced to return to Brazil after his immigration status expired. Had the couple's marriage been recognized at the federal level Oliveira would have been allowed to stay in the country. Oliveria applied for asylum in the United States in 2002, claiming he was sexually assaulted by government officials in his home country, but his application was rejected.

Today Kerry sent Attorney General Eric Holder a letter asking him to review Oliveira's asylum case and overturn the immigration court's earlier ruling.

Here is the text of Kerry's letter:

The Honorable
Eric Holder
United States Attorney General
Washington, DC 20520

Dear Mr. Attorney General,

I'm writing on behalf of one of my constituents, Tim Coco of Haverhill, Massachusetts.

Tim, and Genesio "Junior" Januario Oliveira, Jr., were married in Massachusetts in March 2005. However, since August 2007 they have been separated because of Junior's immigration status. It is for that reason that I look to you for assistance. Under your discretion as Attorney General I ask that you review Junior's case and if you deem it appropriate, overrule the lower immigration court's ruling and allow Junior to return to the United States under his original asylum claim.

Junior applied for asylum in 2002 under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, based on a brutal rape and attack he suffered at the hands of government officials in his home country of Brazil. Even though presiding Immigration Judge Francis Cramer, stated that he found Junior's testimony to be "credible" and his fear of Brazil "genuine" he denied the asylum claim and ruled that Junior "was never physically harmed" by the rape. This outrageous claim was allowed to stand when in June 2007 the Immigration Board of Appeals upheld Judge Cramer's decision. Junior voluntarily left the United States following this ruling and has been separated from his husband ever since.

The injustice of the initial denial of Junior's asylum claim continues to this day. Tim had to suffer the loss of his mother recently without his husband and Junior was unable to get a visa to attend the funeral of his mother in law. I hope that you will review this case and determine that the denial of Junior's asylum claim was in error and let him return to this country. If you have any questions about Tim and Junior's case please contact my staff at 202-224-2742. I look forward to hearing from you soon.

Thank you for your consideration.

Sincerely,

John Kerry