In the case Matter of Dorman, 25 I&N Dec. 485 (A.G. 2011), the Attorney General is considering whether a same-sex spouse of an American Citizen or Legal Permanent Resident might be eligible for cancellation of removal. The case is being remanded for the Attorney General to determine whether a same-sex marriage or civil partnership might qualify a foreign national for this form of deportation defense, despite the Defense of Marriage Act, which makes immigration benefits unavailable to same-sex spouses. Cancellation of removal allows deportable individuals to stay in the country legally, if they can show they have been present in the U.S. for a certain amount of time, can show good moral character, and can show exceptional and extremely unusual hardship to their spouse if they were deported. Normally the Defense of Marriage Act, which defines marriage for the purposes of federal law as being only between a man and a woman, would make a same-sex spouse ineligible for cancellation of removal. However, the Obama administration has recently determined that the Defense of Marriage Act is discriminatory and unconstitutional. Therefore, in this important decision, the Attorney General has remanded this case to determine whether the foreign national may be eligible for this defense from deportation despite the Defense of Marriage Act. Stay tuned for more updates in this changing area of law!