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Dear Editor:
Just a short comment that relates to recognition of transsexual marriages by the BIA. On or about 1984, I adjudicated a transsexual marriage case and granted the benefit sought. Sometimes common sense is all it takes and since the sex of the person was 'female' there was no question that a marriage had taken place. Before joining the Benefits Unit I was an investigator, and maybe because of this background I gave many an attorney a hard time, I think, and I'm sure they will readily admit it. But you learn to be a balanced adjudicator by basing decision on law, regulation, policy and precedent decisions. Discretion is widely used in decision making, unfortunately what I have seen in some Officers is that their decisions are many times capricious and arbitrary. Many taxpayer dollars, heartaches, and family separations could be avoided if adjudicators made a well balanced and justified decision.

Victor W. Johnston
Retired INS OIC



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