Azerbaijani gay man detained in US agrees to leave country with wife but still not released

An Azerbaijani couple living in the US, Samir Gadirov and his wife Tural Atakishiyev, who have permanent resident permits, have agreed to voluntarily leave the US, but Tural Atakishiyev has been held at the Stewart Detention Center in Georgia since January 14. The couple say they are awaiting a court order to voluntarily leave, but immigration authorities are continuing to detain him, The Advocate reported.

According to Samir Gadirov, they have applied for asylum, gotten married and taken all the legal steps required by law. However, Tural Atakishiyev was detained during an immigration check and later transferred to another state. The couple say they chose to leave the country together, considering his health condition, rather than fight to stay in the US. Nevertheless, the detention continues.

While same-sex marriage is recognized in the United States, family unity is not guaranteed in immigration detention, and the spouse may continue to be deprived of his liberty. The couple report that Atakishiyev’s health has deteriorated during his detention, he has lost weight, and there have been delays in administering prescribed medications. The company that runs the detention center has generally stated that medical care and food are up to standards.

The couple have made it clear that they no longer want to stay in the United States and have agreed to return to Azerbaijan. However, their marriage is not recognized in Azerbaijan, and LGBTQI+ people face widespread discrimination and police harassment. This situation suggests that queer migrants face a double risk - detention and legal uncertainty on the one hand, and a lack of legal and social protection upon return on the other.

The U.S. Department of Homeland Security has reportedly not responded to requests for comment on the reasons for their detention. Samir Gadirov, however, said that they believe they are following the rules and have agreed to voluntarily leave, but the process is being delayed.

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