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In a letter sent Thursday to Attorney General Eric Holder, Kerry said Immigration Judge Francis Cramer found Oliveira's testimony to be credible and his fear of living in Brazil genuine. However the judge denied the claim, saying the man "was never physically harmed" by the rape, the letter said.

Kerry called the ruling "outrageous."

"Tim and Junior have played by the rules since day one," Kerry said. "Junior's asylum claim is a legitimate one and has been recognized as such."

While Brazilians are generally more tolerant of homosexual conduct than their neighbors in Spanish-speaking Latin America, the country remains something of a paradox.

Judges have granted foreign partners in gay relationships the right to residence and have authorized civil unions that bestow many of the same benefits of marriage to gay couples, but many segments of society remain openly hostile to homosexuals.

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Promoting public awareness of the need for fairness in immigration policy particularly as it relates to the rights of same-sex bi-national couples in the United States who seek equal immigration rights; Providing information regarding political issues relating to gay immigration equality issues, rights and policy.