# Afeta v. Gonzales

> Court of Appeals for the Fourth Circuit · October 26, 2006 · 467 F.3d 402

URL: https://www.frixlaw.com/law-library/cases/8410289

## Case

- **Full name:** Mamush AFETA v. Alberto R. GONZALES, Attorney General of the United States
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** October 26, 2006
- **Citations:** 467 F.3d 402; 2006 U.S. App. LEXIS 26764; 2006 WL 3031387
- **Precedential status:** Published
- **Opinion:** Dissent by Widener
- **Judges:** Eastern, Kelley, Shedd, Virginia, Widener
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8410289

## How later opinions describe it (automated extraction)

- applying uniform federal law to question of whether there has been a “legal separation” under § 1432(a)

## Opinion text

WIDENER, Circuit Judge,
dissenting:
I respectfully dissent.
According to section 8-101(a) of the Maryland Family Code, “[a] husband and wife may make a valid and enforceable deed or agreement that relates to alimony, support, property rights, or personal rights.” Moreover, a separation agreement between man and wife under Maryland law is a contract between the parties, subject to the same general rules governing other contracts. Pumphrey v. Pumphrey, 11 Md.App. 287 , 273 A.2d 637, 639 (Md.Ct.Spec.App.1971).
In my opinion, Maryland courts would consider the written Separation Agreement in this case a federal “legal separation” under Maryland law.
*409 Other jurisdictions have held, as we hold, that a parent can legally bind himself by separation agreement to support a child after emancipation, and such an agreement will be enforceable as any other contract. Pumphrey, 273 A.2d at 640 (emphasis added).
I am thus of opinion Maryland state law should govern this matter of family law.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8410289. Public record. Not legal advice.