AUTHOR'S NOTES:

Happy Holidays, everyone!

My present to you is a long overdue chapter. And to atone, I will also put out the next chapter on New Year's Day. (Hold me to it! If you don't see a new chapter on New Years, I expect nastygrams!)

James' story is nearly done. An original about Tony and Dane is also nearly done. And if anyone would be interested in Milan and his fellow hunky waiters as they encounter a pair of thirsty zombies, that short is finished and available now on Amazon ~dot~ com. Search for Spunk Craving Zombies, or for me, John T. Liz has also included a link on her blog.

An especially big hug to my beloved little twin sister for her collaboration and making sure Edward and Jasper sound and feel right.

Big holiday hugs and much fondness to my girls, Maureen, Rebecca, Kate and Miss Pauline.

The FF witch hunt appears to be over. I will continue to post here and move to AO3 as and when I have to. When/if I am forced to complete the relocation you can find me at - archiveofourown ~dot~ org. Then just do a search for Jtrue.

Anyone who has not read the incredible Equal & Opposite, or is not now reading the brilliance that is Errors & Omissions, or Enticements & Obstructions, all by OhJasperMyJasper, should go do so right now. Here is how you find them since the FF witch hunt removed Liz from this site - ohjaspermyjasper ~dot~ blogspot ~dot~ com.

WARNING:

This story is intended for an adult audience! There is crude speech, hate speech and adult sexual subject matter of a homosexual nature. If you are under 18 stop reading now!

AU/AH/OC

All character names from Twilight belong to Stephenie Meyer. The similarities end there.

Chapter 52: Granted and Denied

Nasir slept better his second night in jail, entirely from sheer exhaustion. He had spoken to Emmett twice and Garrett once. He was away from the unit for a good part of the day with a personal visit from Edward and two visits from attorneys who were both ready and willing to do whatever it would take to free him. His greatest hope remained in Seattle, in their west coast attorney's hands. Emmett, Garrett and Seth were all going to be there in the courtroom. Nasir knew above all that he was loved and cherished.

And so he knew he had to be strong and make it through this ordeal, for all his loved ones, and especially Emmett. Nasir missed the one o'clock Dhuhr prayer with all of his visits, for which the other Muslims easily forgave him. He joined them for the five o'clock Asr, the eight o'clock Maghrib and finally the nine thirty Isha. He had missed the midday meal as well during his back to back visits, but was provided a sack lunch. Dinner, such as it was, he ate with Nafie and the others before they were sequestered back in their unit.

That evening between prayers Nasir was able to sit and talk with his fellow Muslims. Mustafa was born in the US to parents from Ghana. Jamal and James, who had taken the name Pubudu, were both African American men whose ancestors had come to the US as slaves, and had converted from Christianity as young men. Nafie himself, Nasir discovered, was from Khartoum in what was now North Sudan. Like most African Muslims, Nafie and Mustafa were Sunni. Jamal and Pubudu made no distinction. Nasir discovered the reason for Uday's cold demeanor was that he, like many Iraqi, was Shia. The ruling Sunni in Iraq had a history of not treating their Shia population very well. The stories Nafie told of life in North Sudan under President for Life Omar al Bashir, left no room to wonder why Nafie sought refuge in the United States. Nasir, of course, had to edit himself in what he shared with the others. And not being able to tell these men about the wonderful American man he loved with the exceptionally big heart bothered him.

Nasir stripped to his underwear to sleep that night and in the morning resolved that he would have to find the courage to take a shower. He hadn't had one in two days and felt scummy. Nasir was disgusted with himself and angry that he let others intimidate him into this condition.

After Fajr and breakfast, as most others went to jobs, the Day Room, the gym or the exercise yard, Nasir followed the exact routine he had seen others do. In particular, Uday. Nasir had seen him take a shower after breakfast yesterday and kept an eye on him today. If he headed into the showers, Nasir would join him. There was safety in numbers. He saw Uday open his locker and take off his shirt. Nasir quickly stripped naked at his locker, wrapped his towel around himself, and caught up with Uday.

They walked through the bathroom and around the corner into the large, open shower room to find that it was not empty. In a far corner three men were huddled up close together. Nasir recognized Marshal and his cohorts Skinny Pete and Cujo. He also saw the man on his knees, crowded into the corner, getting his face fucked by Marshal. And no doubt the other two would take a turn as well. Nasir gasped as he realized how easily that might have been him.

"Do not see them," Uday advised in Arabic. "Do not look at them. Ignore them. It is none of our business. They will not bother us if we do not bother them," he instructed as he hung his towel on a hook and turned on the water for a nearby showerhead. Nasir did the same and chastised himself for even looking when he noticed that Uday was circumcised.

The combination shampoo and soap in the despensers made him clean, but was of the lowest quality Nasir had ever encountered. The lowest bid government contract goop didn't even have an ingredient to make it smell good. Nasir and Uday finished at the same time and grabbed their towels, which Nasir likened more to a loofah. At least his skin would be nicely exfoliated.

"Ugh! Fuck, yeah! Take it!" Marshal grunted as he held the choking, spluttering man impaled on his blasting cock.

Uday walked out casually like he hadn't heard or noticed a thing, while Nasir rushed ahead. The man drinking cum might be gay and enjoying the straight trade he got to service. He might be a straight kid himself, in their debt or in need of their protection. He might as easily be a man cornered and forced. There was no way to know and Nasir was not about to ask.

The 9th Circuit Court building was a great white edifice on a beautifully lawned, park like piece of property on 5th Avenue, tucked among the commercial buildings of downtown. It was only three blocks from Garrett's office in Columbia Tower. Emmett, Garrett and Seth waited on the stairs near the street for their attorney. All three of them wore a suit. Seth wore his bolo tie and had his eagle feather tied into his hair on the right side of his head.

"Justice will be served today, Emmy. I can feel it," Seth was confident.

"Thanks, Sweetie," Emmett smiled at his best friend. "And thank you both again, for staying with me last night."

"Don't give it another thought, Emmett," Garrett was gracious.

"Where else would we be?" Seth posed. "Though, it was a little hot between you two."

"Is that why you kept pushing the covers down?" Emmett smiled.

"I pushed the covers down so you could admire all this," Seth swept a hand over himself.

"Is that what I was supposed to be doing?" Emmett gave a grin.

"I was," Garrett smiled broadly.

"Though, I might have wished I wasn't the only one in boxers," Emmett amended.

"I'm not going to wear boxers when I sleep next to my husband," Seth stated. "I fall out of boxers anyway. As you should remember from our nights before our weddings."

"I thought you wore something else on my night," Emmett thought back.

"I did. I didn't want to scare Edward again," Seth quipped.

They turned as a familiar black Bentley Flying Spur pulled up to the curb. The driver got out and walked around the front of the car to open the rear passenger door. Aro Volturi was dressed just as he had been yesterday, entirely in black. The only hint of color was his elaborate gold V medallion. Jane emerged from the driver's side rear door and rushed around to join her boss.

"Good morning, gentlemen," Aro gave his disarming smile. "Let's get through security," he gestured and started toward the building. "We did learn something interesting this morning. Nasir was placed in detention at the request of the Emirati Consulate General, it would seem."

"What?" Emmett furrowed his brow. "Why the fuck would they do that?!"

"Indeed. That is the question," Aro agreed.

They entered the Circuit Courthouse and passed through security. From there it was a quick elevator ride to the fourth floor. This building was the very antithesis of the Immigration Courts. This building was quiet and orderly. Even the courtroom itself was completely different. There were six rows of seats before the bar with virtually no one in them. The whole room was done in rich, dark woods and granite. The large and imposing bench had three high backed leather chairs behind it. Aro ever so casually took a seat and the others joined him. Duane Browning, in his trademark pale gray suit was already present. The tall and attractive blonde man looked their way as they sat down and Seth took care to make eye contact. If looks could kill, Duane would have died in his seat. Duane didn't look in their direction again and they had only a few minutes to wait.

The procession was led by the uniformed and armed Bailiff. The Clerk and court reporter followed and took their stations.

"All rise," the Bailiff bellowed. "United States Court of Appeals for the Ninth Circuit is now in session. The Honorable Judges Leland, Jameson and Rosenblum presiding."

And they entered the courtroom in that order, all in their long, black robes. Ronald Leland was a squat, bald, white man and clearly the senior judge. He seated himself in the center chair. Only Nasir had ever seen Richard Jameson and Emmett, Garrett and Seth only learned who he was when the tall and distinguished looking older black man took the chair on Judge Leland's right. Gloria Rosenblum was a stern looking woman with her brown hair largely and expensively done. She took her seat on Judge Leland's left.

"Qasimi v Holder," Judge Leland began. "Appeal of Denial of Asylum."

"Why are there three of them?" Seth leaned forward to whisper his question.

"I don't know," Emmett admitted equally quietly.

"These are Federal Appellate Judges. They Rule in groups of three," Garrett explained what he knew. "This Court can only be overruled by the Supreme Court itself. My father's courtroom is just like this."

"Wow," Seth was suitably impressed.

"I'm glad you're wearing your feather," Emmett admitted.

"Me too," Seth agreed.

Aro, Jane and Duane made their way through the gates of the bar and took their places at their tables.

"Why are they on that side?" Seth pointed. Aro and Jane had taken the plaintiff's table, while Duane stood on the defense side.

"Nasir is the Appellant," Garrett had learned more than he thought he had, listening to his father at the dinner table. And saw from his husband and Emmett's faces that they had no idea what that meant. "That means that we are the ones pressing the case, making the appeal. The government is now defending."

"Oh," Seth and Emmett both nodded.

"Declare yourselves," Judge Leland directed.

"Aro Volturi of Volturi, Velosi and Van Tassel for the petitioner, Nasir al Qasimi, Your Honors," he gave a slight bow. "And I would like to reserve three minutes."

"Duane Browning, Assistant US Attorney for the United States, Your Honors," Duane took his turn.

"Where is your client, Counsel?" Judge Jameson enquired.

"Your Honors, my client has been detained by Immigration and Customs Enforcement," Aro revealed.

Judge Jameson sat back in his chair, clearly stunned, and immediately drew an entirely wrong conclusion. He and Judge Leland exchanged a look between them. Could their old friend, with whom they had both gone to law school and both respected greatly, have asked them to show deference to a criminal?

"Why has he been detained?" Judge Leland questioned. In answer, Aro gestured to Duane.

"Your Honors, ICE has discretion to take anyone in Removal proceedings into custody at any time," Duane answered.

Anger painted Judge Rosenblum's face. "We didn't ask you if they could. We asked you why they did."

"Your Honors, ICE has not provided me with any specific reason," Duane revealed. "Though I would point out to the Court that ICE has jurisdiction and discretion to do so at any time, for any reason."

"But they have guidelines," Judge Leland pointed out.

"Counsel," Judge Jameson re-engaged, "has Mr. al Qasimi been convicted of a crime?"

"No, Your Honor," Duane admitted.

"Has he been accused of a crime?" Judge Jameson continued.

"Not that I know of, Your Honor," Duane admitted further.

"Has he even been arrested for something, anything?" Judge Rosenblum jumped in.

"Just when he was taken into custody," Duane answered.

"When he was taken into custody," Judge Leland repeated and shook his head. It was more than clear that he was not happy with that answer. "How many times has the government come in here and made the case of asylum seekers being a burden on society, a drain on our resources? Now the government has taken this man into custody for no reason? And you can't seem to give us one, so we can only conclude that there is no reason. We met for breakfast and went over this case. We know Mr. al Qasimi to be a wealthy man. He's not a criminal. If his whereabouts are such a concern, why isn't he on house arrest, which he would pay for and cost the government nothing?"

"Well, Your Honor...," Duane clearly didn't have an answer.

"You don't have a reason for that either," Judge Leland concluded. "Make your case, Counsel," he gestured to Aro.

"Thank you, Your Honors," Aro stepped out to the podium that faced the bench as Duane sat down. "And may it please the Court, this is not the typical immigration appeal that comes before Your Honors. Mr. al Qasimi is not a criminal, as has been established," he gestured again toward Duane. "Nor has Mr. al Qasimi ever been accused of any crime. He did not come to the United States illegally. He entered as a B-1 because he is a businessman. He is gainfully employed and pays taxes. Not only is he not a burden on society, he is a contributing member of it."

"You say he's employed? How is he employed?" Judge Rosenblum interrupted. "I thought he was Out of Status after his B-1 was revoked."

"Mr. al Qasimi has a green card, Your Honor," Aro answered, "sponsored by his employer."

"An Order for Removal was issued by the IJ, for a green card holder who has not so much as been accused of a crime?" Judge Leland was incredulous.

"And that is but one of many points where the IJ erred in this case, Your Honors," Aro raised his index finger. "If I may continue."

"Please," Judge Leland bid.

"Your Honors, this case is an exceedingly simple one," Aro spread his hands. "It hinges on just one question. Does Mr. al Qasimi have a well founded fear of facing persecution should he be returned to the United Arab Emirates? The only conclusion we can draw is, absolutely he does. Does he meet the requirements under United Nations Convention for Refugee Status? Absolutely he does. The IJ failed to consider the evidence of the Federal Penal Code of the United Arab Emirates, which was read into evidence, and places homosexuality on par with rape, a terrible, appalling and violent crime. And sets the penalty for both at death. The United Nations Convention on the Status and Treatment of Refugees, and more specifically the High Commissioner for Refugees, Directive for Protection Policy on Refugee Status and Claims Relating to Sexual Orientation and Gender Identity, states that where laws criminalizing same sex consensual relations exist, the persecutory character of such laws is particularly evident.

"Moreover, where these laws exist, with harsh punishments, and what could be more harsh than death?" Aro posed. "LGBT persons are excluded from the protection of the State. Victimized LGBT persons would be seen only as criminals by authorities, deserving of whatever may have happened to them. The UN Convention further states that refugee status is valid and established where the State is unwilling or unable to protect LGBT persons from violence."

"Counsel," Judge Jameson interrupted. "You cited Emirati Law that criminalizes homosexuality. We saw it in evidence. Government contends that no person has ever been convicted of the crime of being gay."

"That's correct, Your Honor," Duane was quickly on his feet.

"Sit down," Judge Jameson dismissed. "We'll get to you in a minute."

"I know of no case, Your Honor," Aro answered the question.

"Do you know of anyone ever being charged with that crime in the United Arab Emirates?" Judge Jameson followed up.

"I do not, Your Honor," Aro admitted.

"Isn't that significant?" Judge Rosenblum asked.

"It is not, Your Honors, and here is why," Aro countered. "It only matters that these laws exist at all. Irrespective of whether the laws are enforced or not, or with what regularity, the fact remains that they do exist, they could be enforced at any time and thus, the fear remains, the fear is real. The Convention specifically holds that this is enough."

"Thank you," Judge Jameson nodded. "Please continue."

"Thank you, Your Honor. The IJ also failed to consider the evidence of what happens to LGBT people in the United Arab Emirates," Aro continued. "The reason no one has never been prosecuted for the crime of being a homosexual, is that they do not live long enough. A family servant was murdered in cold blood, on the side of a road, executed in broad daylight because he was mistaken for Mr. al Qasimi. LGBT persons are routinely killed by their friends and, in the majority of cases, their own family. LGBT persons are taken into the Arabian Desert and never heard from again. And I might point out, government's assertion," he gestured toward Duane, "that we have no way of knowing what 'taken in the desert' actually means is entirely inaccurate. We know precisely what it means. Mr. al Qasimi has told us exactly what it means, and repeatedly, in his testimony. United Nations Convention holds that absent evidence to the contrary, a refugee is to be considered the authority on what conditions exist in their home country. Mr. al Qasimi's life was threatened by his own brother, in front of a witness. And his brother flew half way round the world, here to Seattle, to do so in Mr. al Qasimi's own home. Not only does my client have a well founded fear of facing persecution should he be returned to the United Arab Emirates, he has a well founded fear of his very life. United Nations Convention also holds that having established previous persecution, the petitioner is entitled to a presumption of future persecution.

"The IJ misapplied the law, Your Honors," Aro went on, "when he found that Nasir was able to hide his nature at one time, and therefore could, and should, do so again. Other gay people exist in the United Arab Emirates, and do so by hiding, and Mr. al Qasimi should do the same. This case is not about all the LGBT persons in the United Arab Emirates, however many in number they may be, it is about Mr. al Qasimi. He was at one time able to hide, but for reasons made abundantly clear in his testimony, he is now known. The cat is out of the bag, as it were. Mr. al Qasimi has no option to hide. Moreover, the High Commissioner for Refugees, Directive for Protection Policy on Refugee Status and Claims Relating to Sexual Orientation and Gender Identity clearly states that an LGBT person has no duty to be discreet or take steps to avoid persecution, refraining from intimate relationships and living a life of isolation. Indeed, being forced to conform, being oppressed by the State, is the very nature of persecution and precisely what the agents of persecution hope to achieve. Government's assertion that Mr. al Qasimi does not 'look gay,' or that people cannot generally tell by looking at him, is entirely irrelevant.

"Section after section, Your Honors, of the United Nations Convention on the Status and Treatment of Refugees, and the High Commissioner for Refugees, Directive for Protection Policy on Refugee Status and Claims Relating to Sexual Orientation and Gender Identity, were read into evidence," Aro began to wrap up. "All of which, quite clearly establish my client as a refugee entitled to asylum protection under US Law and International Treaty, and all of which were entirely disregarded by the IJ.

"Finally, Your Honors, the IJ showed clear bias when he asserted that this case is about Mr. al Qasimi's behavior. To what behavior could he be referring?" Aro spread his hands. "Mr. al Qasimi has not so much as been accused of any crime. What then could it be? Mr. al Qasimi is a successful businessman and executive. Does the IJ dislike success in business? Mr. al Qasimi owns property. Does the IJ dislike home ownership? Mr. al Qasimi drives a foreign car. Does the IJ dislike imports? I am only left to conclude that it is Mr. al Qasimi's homosexuality that is the cause of the IJ's disdain. Mr. al Qasimi's homosexuality is as natural to him as any heterosexual person's heterosexuality is to them. The IJ told my client that he should behave like 'a respectable member of society.' What are we to infer from that?"

"I have to admit, that bothered me a great deal," Judge Rosenblum confessed.

"Did you want to reserve three minutes?" Judge Leland asked.

"Yes, Your Honor," Aro answered.

"You have two and a half," Judge Leland informed.

"Then let me just finish with this question," Aro posed. "Knowing as we do, that Mr. al Qasimi will be killed almost certainly the very day he is returned to the United Arab Emirates, how much more well founded could his fear possibly be? And I thank the Court," he finished with a slight bow and returned to his lead seat at the prosecution table.

"You're up, Counsel," Judge Leland instructed.

"Thank you, Your Honors, and may it please the Court," Duane rose and took his turn at the podium. "The United States agrees that this case is a very simple one. A wealthy, foreign, gay man came to the US, found himself a good looking American, and doesn't want to leave."

"It's the government's contention that he does not face persecution?" Judge Leland asked.

"Certainly not rising to the level of refugee status, Your Honor," Duane answered. "Mr. al Qasimi testified that his father was his employer at the time he obtained his B-1 Visa and that after he came out, voluntarily I might also point out, his father dismissed him and had his B-1 revoked. Mr. al Qasimi testified that his father did this to get him to come home. He further testified that his father wants him to get married. Your Honors, this clearly establishes that Mr. al Qasimi is in no danger should he return to his homeland."

"Your contention is that he faces no danger because his father wishes him no harm?" Judge Jameson asked.

"Yes, Your Honor. Mr. al Qasimi testified to the fact that the United Arab Emirates is an extremely patriarchal society," Duane reasoned.

"It's a patriarchal society and therefore he faces no danger?" Judge Rosenblum furrowed her brow.

"You're saying he faces no danger from his brother or anyone else, because his father wishes him no harm?" Judge Jameson clarified.

"Yes, Your Honor," Duane answered.

"If murder could be prevented because a person's father was against it, there would be no such thing as murder," Judge Leland observed the obvious.

"Well, Your Honor...," Duane stumbled.

"Continue," Judge Jameson bid.

"Further proof, Your Honors, that he does not fear and has no cause to fear," Duane continued, "is the fact that, by his own admission, Mr. al Qasimi has flown to his homeland and back to the United States at least ten times."

"Why can't he just continue to do that?" Judge Jameson asked.

"Why can't he continue to do that?" Duane repeated. He had painted himself right into a corner and did not yet know it.

"Yes. Why doesn't he just continue to fly back and forth, get a new Visa?" Judge Jameson rephrased.

"Well, I don't know, Your Honor...," Duane was at a loss.

"You stated that Mr. al Qasimi is a wealthy man," Judge Rosenblum joined in. "Why doesn't he just fly home and back again?"

"We would have to ask, Mr. al Qasimi that," Duane attempted to deflect.

"Mr. al Qasimi has made the reason quite plain. It is because he fears for his life," Judge Rosenblum jabbed.

"Continue," Judge Leland instructed.

"Thank you, Your Honor," Duane was beginning to sweat. "I would like to address the death of the family servant, supposedly mistaken for Mr. al Qasimi. There is no evidence to suggest that the man's death was a result of being mistaken for Mr. al Qasimi. There is no evidence as to when it happened, or where, or who was involved, or under what circumstances. We know from the death certificate that the man died as a result of a gunshot to the back of the head, but that is all we know. Anything else, everything else, is strictly hearsay."

"Hearsay rules don't apply in Immigration cases," Judge Leland stated simply.

"Mr. al Qasimi alleges that this murder took place right in front of his sister, but then where is she?" Duane posed. "We could hear actual eyewitness testimony to the alleged facts, but we don't. If this is true, why won't his sister appear and testify?"

"Isn't she pregnant?" Judge Rosenblum demanded.

"Is she?" Duane spread his hands. "There is no evidence to support that."

"Should we demand an ultrasound?" Judge Leland chuckled.

"Are you asking us to Find that Mr. al Qasimi's sister is not pregnant?" Judge Jameson joined in.

"Well, no, I'm not asking that, Your Honor," Duane was taken off guard. "That's not the issue here."

"Then she's pregnant. Move on, please," Judge Jameson instructed.

"Your Honors, despite repeated focus and questioning at trial, at no point could Mr. al Qasimi state a single instance of violence, of any harm coming to him at all, and indeed, not even a single threat that was ever leveled against him," Duane continued.

"I thought he had," Judge Rosenblum looked to her peers.

"Didn't Mr. al Qasimi's brother travel here to Seattle to do just that?" Judge Leland asked.

"Mr. al Qasimi's brother, like the rest of his family, wants him to come home," Duane positioned. "And he may well have been quite angry, but Mr. al Qasimi was not able to cite a single threatening word."

"Counsel, if hearing from Mr. al Qasimi about what his sister saw is hearsay," Judge Jameson pounced, "then hearing from you what Mr. al Qasimi's brother was thinking, is doubly so."

"Okay, I accept that, Your Honor, but the fact remains, not a single threatening word was relayed in testimony," Duane insisted.

"What about this 'taking a person into the desert,' thing?" Judge Rosenblum asked.

"We have no way of knowing what that might mean, Your Honor," Duane spread his arms.

"But we do," Judge Rosenblum corrected. "Mr. al Qasimi stated what it means in his testimony."

"And we have no way of knowing if that is even remotely accurate," Duane argued.

"Are you suggesting that Mr. al Qasimi's testimony is not credible?" Judge Leland seized.

"I would suggest that without supporting evidence...," Duane tried.

"You make no assertion then, that Mr. al Qasimi's testimony is not credible?" Judge Jameson attempted to nail him down.

"Who is to say how credible it is, Your Honor?" Duane was at a loss.

"Well, we are, for one thing," Judge Leland took over. "There was no assertion, or Finding, at trial that Mr. al Qasimi's testimony is not credible, and we will certainly not allow it now. Continue."

"Thank you, Your Honor," Duane paused to pour himself a bit of cold water from the provided pitcher and glasses on his table, and took a quick sip. "I would like to address for a moment, Mr. al Qasimi's homosexual lover..."

"Do you mean partner?" Judge Jameson could not let that go.

"We could also use the word partner," Duane admitted.

"If we do use the word partner it won't seem like you're going out of your way to make Mr. al Qasimi's relationship seem sordid or less meaningful," Judge Jameson coached. "My wife is my heterosexual lover, but I call her my wife. You see the difference?"

"Yes, Your Honor," Duane capitulated.

"What about his partner?" Judge Leland prompted.

"It is precisely because of Mr. al Qasimi's partner that this whole claim of refugee status and application for asylum was concocted in the first place, Your Honors. Mr. al Qasimi is a wealthy man, and like most men of his means he conducts himself as if rules don't, or shouldn't, apply to him. This whole thing is nothing more than an admittedly well orchestrated attempt to impress his American lover, oh, pardon me, Your Honors, partner, who might well, were it not for his wealth, not even be with him at all."

In the seats directly behind the bar, behind Aro and Jane, Emmett slumped forward to lean on his knees where he sat between Seth and Garrett. "He doesn't think that," Emmett looked up at Garrett. "Please, God, Garrett, tell me Nasi doesn't think that."

"Nasir doesn't think that for one second, Emmett," Garrett rubbed Emmett's broad back. "He loves you and he knows you love him."

"And lastly, Your Honors," Duane pushed on, "I would like to address LGBT persons, and gay men in particular, in the United Arab Emirates. Mr. al Qasimi testified that many exist. They live peaceful lives, just as Mr. al Qasimi himself could do, and moreover, by his own admission, has done. Mr. al Qasimi testified that he hid his true nature from everyone and that he was quite successful at doing so for many years."

"How did he do that?" Judge Jameson asked.

"How did he do that?" Duane repeated.

"Yes. How was he able to hide his homosexuality?" Judge Jameson rephrased.

"He didn't tell anyone. And there is certainly no way to discern it from looking at him," Duane thought he was making a valid point.

"He didn't tell anyone. But now he has," Judge Jameson observed.

"Yes, Your Honor, he chose to come out, to admit who he is. This is just one of the choices to which the IJ referred when he Ruled," Duane saw an opportunity.

"I don't think that's what the IJ meant at all," Judge Jameson rejected that reasoning, "but continue."

"Your Honors, there is no reason Mr. al Qasimi could not live out his life safely and peacefully in his homeland, just as every other gay man there does," Duane finished.

"How do they manage that?" Judge Leland enquired.

"Well...," Duane began.

"I would like to hear the answer to that too," Judge Rosenblum added. "In a place where being gay is punishable by death and gay men are routinely murdered, I have to wonder how a 'safe and peaceful life,' as you put it, is achieved."

"Your Honors, they get married according to the normal and accepted, long established customs of their country and culture," Duane answered. "And it is for this very reason that Mr. al Qasimi's father had his B-1 revoked and wants him to come home. Mr. al Qasimi's marriage is all arranged. Not only has Mr. al Qasimi remained unlawfully in the United States, but he has turned his back on his own family, Your Honors."

"You're talking about a marriage to a woman," Judge Leland observed.

"Not very fair to that woman," Judge Rosenblum pointed out. "Even less so. Just because something is normal and accepted, and a long established custom or tradition, does not make it okay. Female genital mutilation is common and traditional in some parts of Africa, but it is most assuredly not okay."

"Certainly not, Your Honor, but this case is not about mutilation of any kind," Duane stated.

"Are you finished?" Judge Leland was short.

"I am, Your Honors, and I thank the Court," Duane was very relieved to return to his seat.

"Counsel, you have two and half minutes. Want 'em?" Judge Leland looked to Aro.

"If it please the Court, Your Honors," Aro returned to the podium. "I first feel very much compelled to point out that Mr. al Qasimi is not currently in the country illegally. He holds a valid green card. Further, I have two points I should like to refute, and a third I should like to make. Firstly, Your Honors, Mr. al Qasimi's partner was not even aware of the value of the assets that have been shared with him. This is all too evident in testimony. We can only conclude Mr. McCarty is not with Mr. al Qasimi for the size of his bank account. Indeed, Mr. McCarty is here in this courtroom today," Aro gestured to where Emmett sat right behind him, "visibly distraught because his partner in life has been imprisoned for no reason at all.

"Secondly, did Mr. al Qasimi out himself voluntarily as has been stated? Did he choose to share this important detail about his life with the woman he was to marry? Yes, he did. But how could anyone in good conscience keep a singularly important detail like their own sexual orientation from the one person who needs know it most? Should anyone be forced to marry a person they do not know? We could debate that topic all day. Should a person be forced to enter into a marriage with someone who is not even attracted to their gender? The obvious answer to that could only be no.

"I should like to ask Your Honors a question. It is entirely rhetorical and I most certainly do not expect an answer. I direct this to Judges Leland and Jameson. Your Honors, I make no assumptions, but could either of you forge a profound and meaningful relationship with your spouse if you were forced to marry a man?"

Judge Leland in particular found that very amusing and chuckled gleefully.

"Yet that exact situation is precisely what opposing counsel is suggesting Mr. al Qasimi should do," Aro made his point. "That he should marry a woman he is not capable of loving on any profound or meaningful level and then, as all the married gay men in the United Arab Emirates do, commit adultery with other men as, and when, the opportunity arises, in violation of Islamic Sharia Law. This is the prescription the government would impose, in violation of United Nations Convention, US Law, and International Treaty.

"And finally, Your Honors, there is one small, but fairly significant fact the government would very much like you to overlook. Mr. al Qasimi and his partner are registered as Domestic Partners with the great State of Washington. I cannot claim to be an expert in Emirati Law, but this fact would likely render his marriage in the United Arab Emirates invalid and illegal. He is, after all, already lawfully and legally committed to another. By suggesting this sham of a marriage be undertaken at all, government concedes that remaining unmarried in the United Arab Emirates is not an option. Does the United States suggest then that Mr. al Qasimi withhold this material information about himself? Such a material omission in the United States would easily constitute fraud and be grounds for annulment. So then, not only does the United States suggest as a reasonable course of action, that Mr. al Qasimi should marry a woman he cannot love and, thereby, also condemning that innocent woman to a loveless marriage, but that Mr. al Qasimi should simultaneously defraud her and commit adultery with any man he can, whenever and wherever he can. Your Honors cannot possibly think any of that is even remotely reasonable," Aro wrapped up. "Your Honors, Mr. al Qasimi has made a more than credible showing that he has reason to fear both persecution and death, both from the State and his family and others, should he be forced to return to the United Arab Emirates. That should be the only consideration in an application for Asylum, and the Government has presented no evidence to contradict Mr. al Qasimi's evidence. The IJ misapplied the law, failed to consider evidence, is quite clearly biased, erred when he issued the Order for Removal and most especially erred when he denied Mr. al Qasimi's petition for Asylum. And I thank the Court," he gave a slight bow and returned to his seat.

"The Court thanks you for your arguments. Case as argued is submitted," Judge Leland picked up his gavel and struck his sounding block. "We were going to hear something else this morning, weren't we? Well, lets take a quick break. Court will Recess for ten minutes," he tapped his gavel again.

"All rise," the Bailiff commanded. "United States Court of Appeals for the 9th Circuit is now in Recess."

Everyone stood in place while the judges filed out and just as soon as they did, Duane made a beeline for the doors. Garrett, Emmett and Seth met their attorneys in the aisle as they stepped through the gate in the bar.

"What happens now?" Emmett was anxious.

"Now we wait," Aro answered.

"For what? How long are they gonna take?" Emmett gestured toward the bench.

"Outside," Aro urged. He and Jane herded them out into the quiet, wide, marble corridor.

"How long do we have to wait? What are they doing? Why didn't they Rule?" Emmett fired his questions.

"The judges must deliberate, and then they may wish to write an opinion in support of their Ruling," Aro informed. "I hope they will have the opportunity to do so this afternoon. They did hear us on an emergency basis."

"This afternoon?" Emmett was acutely aware of the time change to the East Coast.

"Emmett, I want to set a realistic expectation," Aro prefaced. "It is entirely possible that we will not have their answer today."

"What?!" Emmett was beside himself. "I can't leave Nasi in there another night!"

"It is my fervent hope that we shall have their answer yet this afternoon. Be assured you will know the moment I have it," Aro patted Emmett's arm. "Shall we?" he gestured in the direction of the elevators. Seth took Emmett's hand as they walked, for which Emmett was deeply grateful.

Nasir was expecting it when the order came.

"Nasir al Qasimi, report to the Control Room," the voice boomed throughout the unit.

Nasir had eaten lunch with Nafie, Uday, Mustafa, Jamal and Pubudu. Afterwards all of them save Nasir and Uday went back to their jobs. Nafie worked because he wanted to. He worked on laundry all morning, mail all afternoon, and supplies like soap and shampoo as needed. Uday, as a detainee like Nasir and Nafie, didn't have to work if he didn't want to, and he didn't. The others, as inmates, had no choice. Uday had gone to take a nap while Nasir checked out one of the wireless headsets to be able to hear whatever terrible movie was playing. He was glad to be rescued from it and knew exactly why he had been summoned.

"Nasir," the day shift Housing Unit Officer acknowledged as Nasir presented himself, "you're a popular guy. Ya got another visitor. Let's go."

Nasir knew exactly who it was. Edward had come this morning and sat with him from eight until eleven. He had said that Jasper wanted to see him and planned on getting out of his studio early to do so. Nasir was taken through multiple security checkpoints for the third time that day. He was given a very thorough, groping pat down and allowed to walk into the visiting lounge with the other detainees who had visitors.

"Nasir!" Jasper was on his feet as soon as he saw their detained friend.

"Jasper, good to see you again," Nasir smiled and gave him a warm hug. It was nice to see the stylish, thinner man. "Edward," he did the same with Edward.

"What the fuck are you doing in here?" Jasper demanded as they all sat down on a pumpkin orange vinyl sofa.

"Edward has not told you?" Nasir could not imagine it.

"Of course he has. It was a rhetorical question. This is complete bullshit," Jasper clarified.

"As you say," Nasir nodded.

"You look good. Edward said you were holding up," Jasper relayed.

"Did he tell you what fun we have in the showers here?" Nasir was facetious.

"Yeah, he mentioned that," Jasper chuckled. "You didn't want to join in? Em's all the way in Seattle after all," he teased.

"Oh, is that what New York guys do when their partners aren't around?!" Edward demanded goodnaturedly.

"No," Jasper took Edward's hand.

"No," Nasir agreed. "Very no. And if you could see these three, very extremely no."

"So, on a serious note, Edward says Em's in court with your attorney right now," Jasper stated.

"Yes," Nasir confirmed. "They may be done by now. It was for ten o'clock."

"Okay, good," Jasper nodded. "You gotta get the fuck outta here. Tomorrow is our standing cocktail night and this place isn't exactly convenient."

"No!" Nasir laughed. "I should say that it is not. I felt like we were driving to Minnesota when they brought me out here. My mother-in-law will have an easier time visiting me. Though, I would never want her to know that I am in a place like this!"

"Yeah!" Jasper agreed. "Goshen, New York," he nodded. "How many years have I lived here and I've never even heard of it."

"I might have to be a little bit jealous," Nasir realized. "Not only have I always had you to myself on thursday evenings, but now your partner is not on the other side of the continent any longer. Now there is no one to cry with me and I must share you!"

"Oh, yeah, sorry," Jasper gave a shrug and clearly was not sorry at all. He smiled at Edward. "Not that your talents aren't impressive, Nasir, but I imported my own top."

"Jesus, what's been goin' on out here?!" Edward laughed.

"Too late to start something now," Nasir patted Jasper's knee. "What are you two doing here entertaining me, anyway? You should be looking for your own home. Has Barney found you something suitable?"

"Not yet, but he's working on it," Edward answered.

"He showed us a couple of places, but they weren't it. We'll know the right place when we see it," Jasper asserted.

"I cannot wait to see it myself," Nasir agreed. "I hope it is close to us."

"That would be ideal," Edward agreed. "We gave him a few parameters: safe, good commute for Jasper, and, ideally, near you guys, but, while the location matters, it still needs to be the right place."

"Jasper has other friends he may also wish to be near," Nasir conceded. "How did your dinner with the roommates go?"

"I love Dimitri," Edward expressed. And said more in what he didn't say.

"He gets better and stronger all the time," Jasper relayed. "He even went to work for a little while yesterday, I'm told. Ross is being a bitch."

"You remember I told you that Peter and I have history?" Edward reminded. "He rightfully remembers that I was a dick when we first met all those years ago, but he refuses to entertain the possibility that I'm not like that anymore."

"Peter is Ross?" Nasir thought back. "I think I remember you telling us that when we were on our way to the airport last week. How do we get Peter out of Ross?"

"It's kind of convoluted. In Greek, Peter is Petros," Jasper explained. "When Peter and Dimi started dating, Dimi's sister was already married to an American named Peter, so to avoid confusion everyone started calling Greek Peter 'Petros.' Eventually, it got shortened to Ros and it stuck, so now he's Ross to everyone. I haven't heard anyone call him Peter in years, or, when they do, it's in Greek."

"I see," Nasir nodded. "So this Ross is still a problem? Emmett said Ross seemed like a good man, but I think he only met him once."

"He is a good man, for the most part," Jasper appraised. "He just doesn't trust Edward and he doesn't believe I can take care of myself. And he needs to get the fuck over it."

"Edward, I know I promised you that if this very thing happened, we would go over and make this Ross see the truth. I am sorry I cannot keep my promise," Nasir expressed. "If only I could get the fuck out of here," he gave a sigh.

"Don't even think about Peter," Edward advised. "He's the last person you should be thinking about right now. And hang in there, Nasir. Everyone is working on it."

"I know that," Nasir nodded. "It is just so frustrating! There are moments when I am truly afraid, but for the most part it is not as scary as I imagined. Probably because I am minimum security, as are the men around me."

"Good!" Jasper expressed.

"But the being told where to be and when to be there, what to eat and when to eat it, is driving me mad," Nasir shared. "I have to wear this stupid thing on my head and pray to Allah five times a day to be accepted by the other Muslims. If it were not for you two, I would lose my mind."

"That's why we're here," Edward stated.

"Yeah, and we're not going anywhere until they throw us out," Jasper added.

Garrett had gone into the office for the afternoon and Seth had agreed to call him the moment anything was known. Emmett changed into jeans and a tight tee shirt. Seth insisted Emmett accompany him upstairs while he changed as well. Once Seth was comfortable in tight, very low rise jeans and his hooded, woolen pullover, they went back down to the eighth floor.

Where Emmett paced.

"Emmy, you're gonna give yourself an aneurism," Seth warned from where he sat up on a barstool with his legs folded beneath him Indian style.

"I don't care," Emmett clenched and unclenched his fists as he paced back and forth.

"You're gonna wear a track in the carpet," Seth warned further.

"I don't care," Emmett shook his head.

"I know you have a lot of nervous energy...," Seth began.

"I just feel so fucking helpless!" Emmett shook his fists as he continued to pace. "I should be doing something! I should go to the gym, but I don't dare miss a phone call. I want to beat something to a fucking pulp!"

"Want me to call Gar to get James' number?" Seth offered.

"Huh," Emmett almost gave a chuckle, "yeah, would ya?"

"Then I'd have two loved ones in jail. No, thank you," Seth denied.

"Okay," Emmett gave in. "And you only have the one feather," he gestured.

"I only need one," Seth assured. "Grandfather Spirit can see all my loved ones. Especially you, Emmy."

"Thanks, Sweetie," Emmett was touched. "Hey, what about all the pictures you've shown me of men with headdresses of eagle feathers that go all the way down to their ankles?"

"Those are war bonnets. I'm not going to war," Seth stated.

"Oh," Emmett nodded. He stopped and looked at Seth for a long moment. "Hey, will you come sit over here?" Emmett pointed at the sofa.

"Sure I will," Seth hopped off the barstool. He figured Emmett needed physical contact. "Want me to sit in your lap?"

"No," Emmett shook his head. "Sit down," he bid again. Seth seated himself on Emmett's sofa and Emmett knelt on the floor between Seth's legs. He leaned forward and reached around Seth's back as he laid his head in Seth's lap. Seth rubbed his big friend's shoulders and ran his fingers through Emmett's hair in an attempt to soothe him. He could feel Emmett's tension ebbing. And then another thought occurred to Seth that made him giggle.

"What?" Emmett asked.

"I was just thinking that if anyone walked in right now, they would think you were giving me head," Seth shared his thought.

"Except that you have pants on. I wouldn't stick my face in your junk if you were naked," Emmett pointed out.

"You know that and I know that," Seth continued to massage Emmett's scalp with gentle fingers.

"Yeah, well. Okay, haul it out," Emmett pretended to reluctantly agree.

"You wouldn't know what to do with all this dick," Seth boasted.

"Garrett does," Emmett stated.

"Garrett very much does," Seth confirmed. "Like no man ever before."

"It's 'cause you love each other," Emmett pointed out. "Sex is so much better when your heart is involved too."

"You always said that and I never believed you until Garrett came into my life," Seth admitted.

"I remember how frustrated you were when you two first started dating," Emmett smiled at the memory.

"I know! He wouldn't even let me suck his dick! Nothing! He did the right thing though," Seth assessed. "He's smarter than both of us put together."

"Yeah, he is," Emmett agreed. "We're all lucky to have him."

"Only I get to have him," Seth corrected. "The rest of you only interact with him."

"Kay, I'm gonna suck Garrett off when he gets home," Emmett stated.

"He's gonna get sucked off when he gets home alright. And you're perfectly welcome to watch me do it," Seth countered.

And then Emmett's cell rang. He tore himself away from Seth and flew to the breakfast bar where he had left the phone. "It's a New York Number. Hello?"

"Marhaba, Habibi," Nasir greeted his husband.

"Nasi!" Emmett was both thrilled and relieved. "I was so hoping you would call! Are you okay?"

"I am fine, my Emmett," Nasir assured. "I am sorry that I did not call earlier. Edward and Jasper came to sit with me."

"Oh, good. No, that's fine, Babe," Emmett dismissed. "I'd much rather they be with you. At least then I know you're safe."

"It was very nice to be with them," Nasir expressed. "And I love to see them together."

"We do too," Emmett agreed. "It was a long time coming. Hey, we went to court this morning."

"Yes?" Nasir was anxious to hear.

"Garrett said it went really well," Emmett relayed. "Our attorney said so too and it sure seemed like the judges weren't having any of the government attorney's bullshit. Seth's wearing his feather."

"I thank and love all of you," Nasir was sincere.

"We love you too, Baby. Now we just have to wait for the judges to do whatever it is they do before they Rule," Emmett conveyed. "Only we have no idea how fucking long that might take. It's gotta be four thirty there."

"There is a clock in here. Yes it is just four thirty," Nasir agreed.

"Ug, fuck!" Emmett put his free hand on his forehead. "Nasi, all we can do now is wait and it's killing me!"

"I know my habibi," Nasir felt terrible guilt for putting Emmett through this. "Please give Garrett and Sethy a big hug and tell them both to hug you for me."

"You can do all that yourself when we get you out of that fucking place," Emmett countered.

"Is Sethy there with you?" Nasir asked.

"He hasn't left my side since before we even found out," Emmett conveyed. "He just knew of course."

"May I speak with him?" Nasir asked.

"Oh, sure. Seth, Nasi wants to talk to you," Emmett walked back to the living room and handed Seth the phone.

"Hi, Nasir," Seth greeted.

"Sethy, thank you so much for being there for my Emmett," Nasir expressed.

"I wouldn't be anywhere else," Seth stated.

"I know that. I just wanted to tell you how much it means to me," Nasir stated. "And please pass on my apologies to Garrett for taking you away from him."

"That's not at all necessary. He totally understands," Seth assured. "I'm gonna hand you back to Emmy now. I know you don't have much time left. I love you."

"I love you too, Sethy," Nasir returned.

"Here's Emmy," Seth handed the phone back.

"Should I get on a plane, Babe? There's nothing more I can do here," Emmett sought direction.

"You have thirty seconds remaining," the computerized voice interrupted.

"Stay with Garrett and Sethy, Habibi. What would you do here?" Nasir enquired.

"See you!" Emmett exclaimed. "I'm just gonna tell my boss I need a few more days."

"I know your bosses must already be unhappy," Nasir reasoned. "Please do not jeopardize the job you love so much."

"I don't care about that at all," Emmett dismissed. "I love you, Nasi, with everything that I am."

"I love you too, my habibi zawji, completely," Nasir expressed.

"I want to hold you so bad right now. Nasi?" Emmett looked at his phone. "Fuck!"

The sun was low in the sky and cast long shadows in the exercise yard. Each section of the sprawling complex had it's own yard so Nasir knew he would not run into anyone in orange or worse, red. Nasir stood and watched a group of men keeping fit and burning excess energy by play basketball. Others were doing round robin push ups all in a circle facing each other. A few others had come out for a run around the perimeter of the yard.

Nasir looked up at the sky. It had been a sunny day, but there was a distinct chill in the air. It was a wonderful evening to share a hot cocoa with the most important person in your life and walk along the park while holding his hand. Of course, Emmett wasn't waiting in the park, Emmett was at home. Where Nasir should be. Nasir made fists in the provided jacket he wore and silently cursed his hateful brother again. Would he ever be free of that horrible man?

Nasir began to wonder if the delay, if the whole day had gone by without a word, was that the judges had not agreed, that the case had gone badly. If that were the case perhaps no one could muster the courage to tell him. Perhaps he was doomed to remain in this place. Perhaps his asylum case was not the answer he had hoped all along it would be. Perhaps now the attorneys here could try somehow. The second phone call he had placed yesterday had been to his boss and the General Counsel. He was grateful for all three attorneys who were assisting him here in New York. Perhaps now it was their turn.

Edward said he would come every day and Nasir looked very forward to seeing him. And at the same time, Nasir felt badly about that. Edward had moved to New York to be with Jasper, not to babysit him in jail. The man had a life to live. It was very selfish, but he needed Edward more than he would ever admit. Seeing him yesterday had been an emotional life preserver. Of course, he needed Emmett more. But seeing Emmett and not being able to hold him, and then seeing him leave, would be more than he could take. Nasir just knew he would bawl like a baby.

"My God, Seth, it's four o'clock!" Emmett exclaimed as he caught sight of the microwave in the kitchen. He continued to pace like a caged animal while Seth remained where Emmett had asked him to sit on the sofa. "It's seven there!"

"I know, Emmy," Seth commisserated. "I might be getting a little hungry. Would you like a snack?" he did not need to point out that they had skipped lunch.

"Go ahead if you want," Emmett bid.

"You're not hungry?" Seth enquired innocently.

"No," Emmett could not spare a thought for food.

"Okay, who are you and what have you done with my Emmy?" Seth demanded.

"I can't even think about food right now, Seth," Emmett stopped and rubbed his forehead. "My poor baby. We just have to fucking get him out of there!"

"We'll smoke a pipe when Gar gets home, the three of us," Seth nodded to himself. "It could only help. Really, I don't know why I didn't think of it yesterday."

"You want to smoke a pipe? Oh, you mean like when you married us?" Emmett asked.

"Much like that, yes, but simpler. The point is that the smoke carries our words and goes out and becomes one with all that is," Seth explained. "Gar will go last because his words are most important."

"I would love that, Sweetie," Emmett smiled for the first time in hours. He turned when his cell rang and snatched it up from the breakfast bar. "This is Emmett."

"Mr. McCarty, Jane with Volturi, Velosi and Van Tassel," Jane greeted.

"Hi, Jane," Emmett's anxiety shot through the roof. He looked expectantly at Seth who looked back just the same way. Emmett felt like his entire body was suddenly electrified.

"The judges have deliberated and just as Aro expected, they wrote an opinion," Jane informed.

"And?" Emmett could hardly breathe.

"The judges have overturned the Immigration Court's decision," Jane revealed.

"Oh, my God," Emmett all but collapsed on the nearest barstool.

Seth leapt from the sofa and rushed to Emmett's side.

"What do we do now, Jane?" Emmett asked as he pulled Seth to him. Seth didn't need to ask. He knew relief when he saw it on his big best friend.

"Aro has requested for the Order to be faxed directly from the judges' chambers to Immigration and Customs Enforcement in New York," Jane informed.

"They'll be closed by now!" Emmett observed.

"They will, unfortunately, yes," Jane agreed, "but it will be waiting for them when they arrive in the morning."

"Jane, how do I get a copy?" Emmett asked.

"Are you at home?" Jane enquired.

"I am," Emmett confirmed.

"I will have a copy couriered right over to you," Jane stated.

"Jane, I don't know what to say. I can't thank you and Mr. Volturi enough," Emmett expressed.

"Aro is very pleased," Jane made it quite clear that this pleased her.

"Okay, I'll be right here waiting. Thank you again," Emmett rubbed Seth's back.

"Have a nice day, Mr. McCarty," Jane ended the call.

"Oh, Sweetie!" Emmett gave Seth a bone cracking hug.

"Emmy!" Seth was barely able to squeak.

"Fuck!" Emmett let go of Seth. "I have to get on a plane!" he rushed into the office and sat down at his computer. "Hey, if the phone rings answer it. They're sending someone over with a copy of the Order."

Seth took a moment to gather some air back into his lungs and pulled out his own cell.

"Sweetness?" Garrett immediately answered.

"Honey, we just heard, the judges ruled. We won," Seth informed.

"Oh, that is good news," Garrett was very relieved as well.

"Emmy's flying out tonight," Seth added.

"Should we all go?" Garrett knew his little husband well.

"I'd like that," Seth admitted.

"Book us," Garrett agreed.

"It's okay?" Seth wanted to be sure.

"More than okay. I'll work from the New York office for the rest of the week," Garrett stated.

"Thank you, Honey. I love you!" Seth expressed.

"I love you too, Sweetness. Bye," Garrett hung up.

"Book all three of us!" Seth dashed into the office to join Emmett.

"You guys are coming?" Emmett could not suppress his smile. He turned in his chair and pulled Seth to him again.

"If you crack my ribs again, Mary, so help me!" Seth threatened.

"Sorry, Sweetie. I love you so much and I'm so glad you're coming," Emmett expressed.

"We love you too. Both of you," Seth rubbed Emmett's shoulders. "Now book our seats."

"Okay," Emmett turned back to his computer. "Next flight out is tonight at eleven thirty five. It's the redeye Nasi usually takes. It'll put us in there at eight in the morning."

"Book it. Get three seats together," Seth directed.

"There aren't three seats together in first class," Emmett pointed out.

"Close then," Seth hung on the side of Emmett's chair as he worked.

"Let's see. I can get five E and F and then six E on the aisle behind," Emmett examined the seat map.

"Nothing across the aisle?" Seth could see that was not an option. "We'll make do. I'll sit on Gar's lap."

"I'm not sure that will work. You're slightly bigger than a two year old," Emmett teased.

"Oh, har de har," Seth rolled his eyes.

"Hey, what should we do for dinner?" Emmett asked enthusiastically. "I'm starved."

Seth smacked Emmett in the back of his head.

Garrett parked his Maybach in the space beside his husband's Mercedes in the parking garage beneath their building. He retrieved his ostrich skin briefcase from the backseat and looked up as another car pulled into the space on the other side of Seth's car. Sylvia struggled out of her 1966 black Jaguar E-Type Series I fixed head coupe with her purse, briefcase and laptop bag.

"Evening, Sylvia," Garrett greeted. "Need any help?"

"Oh, Garrett, there you are," as if she had been looking for him. "Aren't you a dear to offer. No, I'm quite fine," Sylvia shut and locked the car door.

"How is life at the museum?" Garrett asked as they headed for the elevators together.

"So exciting! I've arranged to be on the Egyptian tour," Sylvia relayed. "A hundred and thirty artifacts from Tutankhamun's tomb! The exhibit will be with us for three months! I've even arranged for a visit and lecture by Dr. Zahi Hawass. There will be a private reception with him for all the Curator's Circle Members. Watch for your invitation!"

"That's sounds delightful, Sylvia," Garrett encouraged as he touched the call button for the elevators.

"Of course, we couldn't get the boy king himself. Wouldn't that be something! He was returned to his tomb some years ago and there he remains," Sylvia nodded to herself.

"His remains remain?" Garrett couldn't resist.

"Oh!" Sylvia wagged a finger at him as she stepped into the elevator first.

"Sorry," Garrett offered.

"Are you not coming up?" Sylvia asked as she noticed him touch the button for the eighth floor.

"Seth is at Emmett's," Garrett stated as they began to ascend.

"Oh, yes. The very big, tall fellow," Sylvia nodded.

"That's him," Garrett confirmed.

"His husband is the nice looking boy with the accent," Sylvia seemed particularly lucid.

"Nasir, exactly," Garrett smiled.

"Nasir, you say? That seems an odd name for someone from South America," Sylvia mused. "Are his parent's Greek?"

"He's from the Persian Gulf," Garrett informed.

"Is he? Well, that's not in South America. Wherever did I get that?" Sylvia asked herself.

The elevator arrived on the eighth floor and Garrett stepped out. "Have a nice evening. Hello to Miles."

"Hello to Seth!" Sylvia called as the doors closed her in.

Garrett just shook his head as he walked down the hallway. He rapped on Emmett's door before he used his key. "Boys, I'm home."

"Oh, Honey, good, we need you," Seth came around the corner from the kitchen.

"I need you," Garrett set down his briefcase and gave Seth a loving kiss on his lips.

"I need that too," Seth ran his hands over his husband's dress shirt inside his suit jacket, "but Emmy needs your mind right now."

"What is it?" Garrett slipped off his shoes.

"Hi, Garrett," Emmett appeared with a thick stack of papers in his hand.

"Emmett, are we all booked?" Garrett smiled.

"Yeah, we're on the redeye," Emmett confirmed. "They sent the judges' Order over, but I don't understand this. It says Granted and Denied," Emmett held up the papers in his hand.

"Let me have a look," Garrett offered and Emmett handed him the pages.

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

Nasir al Qasimi, : Case No. 08-74834
Petitioner

v.

Eric H. Holder, Jr., Attorney General
Respondent

Judges
Ronald Leland
Richard Jameson
Gloria Rosenblum

"This is the actual order," Garrett flipped the first page.

"It's in such legalese," Emmett lamented.

"Perhaps the opinion is easier to make out. Did they write one?" Garrett flipped through the pages. "Oh, yes, here it is."

"Would you like a glass of wine, Honey?" Seth asked.

"I would, yes. Thank you, Sweetness," Garrett smiled.

"It says they granted and denied," Emmett pointed out the source of his confusion. "I'm not sure what this actually says."

"Let's read it over," Garrett took off his suit jacket and hung it on the back of a barstool before he slid up onto it.

For Publication

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

Nasir al Qasimi,
Petitioner

v.

Eric H. Holder, Jr., Attorney General
Respondent

On Petition for Review of Orders of the

Immigration Court

Argued and Submitted

November 11, 2013-Seattle, Washington

Filed November 11, 2013

Before: Ronald Leland, Richard Jameson, and Gloria Rosenblum, Circuit Judges.

Aro Volturi, Volturi, Velosi and Van Tassel, LLP, Seattle, Washington for Petitioner.

Duane Browning, Assistant US Attorney, Seattle, Washington for Respondent.

JAMESON, Circuit Judge

I.

The Attorney General may, at his discretion, grant asylum to applicants determined to be refugees within the meaning of the Immigration and Nationality Act ("INA"), INA § 208(b)(1), 8 USC § 1158 (b)(1). An individual qualifies as a refugee when he is "unable or unwilling to return to his native country because of persecution or a well founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." INA § 101 (a)(42)(A), 8 USC § 1101(a)(42)(A); see Navas v. INS 217 F .3d 646, 654 (9th Cir.2000).

This case involves a man whose Asylum application was denied because the IJ held that his past experiences did not rise to the level of persecution. His Withholding of Removal application was denied because the IJ held that he does not qualify for membership in a particular social group because his homosexuality is not visibly evident. His protection under the Convention Against Torture ("CAT") was denied because the IJ held that the State did not engage, or collude, in any activity that could be described as torture.

"Oh, thank you, Sweetness," Garrett took a sip of his wine. "Nice. Is this the Kreusch?"

"It is," Seth hung on the side of the breakfast bar at his husband's side.

A.

Nasir al Qasimi is a twenty eight year old gay native and citizen of the United Arab Emirates. As a businessman he travelled extensively throughout his career and repeatedly came to the United States. On one such visit he met Emmett McCarty, a gay native and citizen of the United States. They subsequently developed a relationship and became a committed couple, and remain so.

Qasimi has always entered the United States as a non immigrant B-1. He travelled back and forth between the United States and his homeland repeatedly. Qasimi was able to hide his homosexuality from family and friends, largely in part due to the almost total separation of genders in society in the United Arab Emirates.

The issue came to a head when Qasimi's father arranged a marriage for him, as is accepted practice in the United Arab Emirates, to a woman Qasimi had only met on few prior occasions. Fearing it would end, or jeopardize his relationship with McCarty, both men travelled to the United Arab Emirates to meet with the woman Qasimi was to marry. This meeting did not go favorably and both Qasimi and McCarty were forced to flee the country. A family driver mistaken for Qasimi was killed.

Qasimi's father, who was also his employer, dismissed him and had the B-1 his company sponsored for Qasimi, revoked.

Qasimi was visited in the Seattle, Washington home that he shared with McCarty, by his older brother, who threatened his life.

Fearing for his life, Qasimi did not depart the United States, became Out of Status, and was subsequently placed in Removal proceedings and charged under INA § 237(a)(1)(b), 8 USC § 1227(a)(1)(b), as a non immigrant visitor who had overstayed his Visa.

Qasimi made a timely application for Asylum, Withholding of Removal and protection under CAT. The IJ found that Qasimi's experiences did not rise to the level of persecution, that he did not qualify as a member of a particular social group because people in general cannot tell that he is gay by looking at him, and that there is no evidence to support any conclusion of government sponsored, or collusion in, torture.

Qasimi filed a timely petition for review of the decisions of the IJ in denying his claims for Asylum, Withholding of Removal, and relief under CAT, with this court.

B.

I.

We have jurisdiction to review this petition under INA § 242(a)(1), 8 USC § 1252(a)(1). We review the IJ's purely factual determinations for substantial evidence. However, we review de novo both purely legal questions and mixed questions of law and fact requiring us to exercise judgement about legal principles. We review for substantial evidence the factual findings underlying the IJ's determination that a petitioner is not eligible for Withholding of Removal or CAT protection. Under substantial evidence review, to reverse the IJ's finding, we must find that the evidence not only supports that conclusion, but compels it. Zheng v. Holder, 644 F .3d 829, 835 (9th Cir.2011)

II.

IJ's failure to consider evidence.

The laws of the United Arab Emirates place homosexuality on the same level as rape and set the penalty at death.

There is no record of a homosexual person being executed or charged with this crime in the United Arab Emirates, as gay persons do not live long enough to face charges, as is evidenced through Qasimi's testimony at trial. As the IJ did not make an adverse credibility determination, this court accepts his testimony and all reasonable inferences drawn from that testimony, as true.

A man driving the same vehicle Qasimi had been seen driving, was mistaken for him and killed because of it. It is easily established that the State is unwilling or unable to protect gay persons from harm as the killer of the driver mistaken for Qasimi was not brought to justice.

Qasimi's older brother threatened his life and travelled from the United Arab Emirates to the United States to do so in person, in his own home. Again, because there was no adverse credibility determination, this court accepts Qasimi's account of these events as true and correct.

The government did not introduce any evidence to contradict any of Qasimi's testimony.

The existance of laws against homosecuality with severe penalties, threats of death and the death of a person mistaken for him, well establishes past persecution. This court, as well as our sister circuits, have always held that a person is therefore entitled to a presumption of future persecution. Al Haribi v. INS, 242 F .3d 882, 888 (9th Cir.2001)

Eligibility is presumed if a petitioner establishes past persecution. An alien who seeks asylum on the basis of past persecution at the hands of private parties the government is unwilling or unable to control need not have reported the persecution to the authorities if he can convincingly establish that doing so would have been futile or have subjected him to further abuse. To rebut the presumption created by past persecution, the government must show by a preponderance of the evidence that there has been a fundamental change in circumstances such that the petitioner's life or freedom would not be threatened.

III.

IJ's misapplication of the law.

The IJ specifically held that Qasimi cannot be considered a member of a particular social group as his homosexualtiy is not immediately evident. This court decided en banc that the proper inquiry is whether the shared characteristic of homosexuality would generally be perceived as a group by society. En banc Karouni v. Gonzales, 399 F .3d 1163, 1171 (9th Cir.2012)

Withholding of Removal is a form of relief from deportation for an alien who would be persecuted on account of his race, nationality, religion, political opinion, or membership in a particular social group, were he to return to his native country. An alien who demonstrates that it is more likely than not that he would be persecuted on account of a protected ground by the government or an actor the government is unable or unwilling to control, meets the requirements for Withholding of Removal, and may not be removed to his native country. 8 CFR § 208.16(b)(2) We have held that homosexuals are a particular social group and therefore that homosexuality is a protected ground. En banc Karouni v. Gonzales, 399 F .3d 1163, 1171 (9th Cir.2012)

IV.

IJ's bias.

The IJ's oral finding that the case is about Qasimi's behavior and that he should conduct himself 'like a respectable member of society' seems particularly prejudicial. This court recognizes and holds that homosexuality is not conduct, but an inherent and unchangeable trait.

We typically Remand with instruction to consider the evidence factually and apply the laws correctly. However, we elect not to do so in this case due to the clear and obvious bias displayed by the IJ. Accordingly, we Grant Qasimi's petition to review and are compelled to reverse the IJ's denial of Asylum. We also Grant Qasimi's petition to review and are compelled to reverse the IJ's denial of Withholding of Removal.

C.

To qualify for CAT relief, a petitioner must show that he more likely than not will be tortured if he is removed to his native country. Zheng v. Holder, 644 F .3d 829, 835 (9th Cir.2011) DHS regulations define torture as an act by which severe pain or suffering, whether physical or mental in nature, is intentionally inflicted on a person for any reason based on discrimination of any kind, when such pain or suffering is inflicted by, ar at the instigation of, or with the consent or acquiescence of, a public official. 8 DFR § 208.18(a)(1) The regulations further state that torture is an extreme form of cruel and inhuman treatment and does not include lesser forms of cruel, inhuman or degrading treatment or punishment that do not amount to torture. We have held that awareness and willful blindness are sufficient to constitute acquiescence by government officials. Actual knowledge or willful acceptance is not required. Zheng v. Holder, 644 F .3d 829, 835 (9th Cir.2011)

On this record, the evidence does not compel a finding that Qasimi will more likely than not be tortured if he is removed to the United Arab Emirates. Thus, we deny Qasimi's petition for review of the IJ's denial of CAT relief.

D.

For the reasons set forth above, we Grant the petition for review of Qasimi's application for Asylum, we Grant the petition for review of Qasimi's application for Withholding of Removal, and deny the petition for review of Qasimi's application for CAT relief.

Accordingly, we Vacate the IJ's Order for Removal, and Grant Asylum and Withholding of Removal. We further Order that petitioner be released from custody immediately.

PETITION GRANTED IN PART AND DENIED IN PART

JAMESON, Circuit Judge.

"Ah, see here," Garrett pointed. Seth was already close and Emmett leaned in over his shoulder. "I see how this can be confusing. When we appeal, we are asking the judges of the circuit to review the case. We have to have a good reason to do that. We have to be able to show that the first judge did something wrong."

"He was a fucking dick!" Emmett stated.

"Fucking right he was," Seth agreed.

"We all heard Aro spell out the specific reasons this morning," Garrett continued. "When they say that they granted in part and denied in part, what that means is, they have agreed to review the Immigration Judge's denial of Nasir's asylum and withholding, but they do not agree to review the denial of Nasir's torture claim."

"Why not?" Emmett was clearly disturbed by this when he need not be.

"Emmett, it hardly matters and let me show you why," Garrett put a hand on Emmett's arm. "See here?" he pointed. "The judges cancelled the order to deport Nasir and have granted asylum. We asked for relief in three categories. We only need one and we have two!"

"Nasi has asylum?" Emmett would only allow himself to believe it if Garrett said so. "It's over? It's done?"

"He's yours to keep," Garrett smiled.

"Oh my God, Garrett!" Emmett grabbed Garrett up out of his barstool and crushed him in his arms in his exuberance.

"Hoh!" Garrett feared for his ribs.

"Not my husband too, ya big brute!" Seth raised his fist over his head and hit Emmett's arm as hard as he could. "Put him down!"

Emmett was unphased and set Garrett down on his feet.

"Are you okay, Honey?" Seth ran his hands over his husband's sides.

"I'm fine, Sweetness," Garrett assured.

"Garrett," tears streamed down Emmett's face in his relief. He took hold of Garrett's shoulders. "I can't believe this is finally over. And we owe it all to you. We owe you everything!"

"You owe me nothing," Garrett disagreed.

"If it weren't for you and your dad, Nasi would have been deported a long time ago. He would be dead by now," Emmett expressed. "You saved us both."

"Emmett, you are both our family," Garrett gathered Emmett into his arms this time. The bigger man leaned down to lay his head on Garrett's shoulder. Seth stepped up beside them and hugged them both.

"Now we just have to get my baby out of jail," Emmett pulled back and wiped his eyes. "Those fuckers."

"First thing in the morning and we will be there to do it," Garrett stated. "Shall we pack?"

"We shouldn't check anything so we don't have to fuck around with baggage claim," Seth planned. "We'll pack light. Anything extra we need, we can get there."

"Yeah, good idea," Emmett agreed.

"Let's get you packed, Emmy," Seth took his hand and led him toward his bedroom. "Then we'll go up and pack."

"I'll meet you upstairs," Garrett called after them and plucked his suit jacket from the back of the barstool. "We'll fax a copy of the order to Edward and to your attorney there."

"Good idea," Emmett nodded.

"When you take your suit off, don't bother putting anything else on. One of us owes you a BJ," Seth called from the bedroom.

"One of you? Do I get to choose?" Garrett couldn't resist.

"No!" Seth was firm. Garrett only laughed and headed for the door.

Emmett changed into what he wanted to wear on the plane and packed nothing. He wore a skin tight, dark gray tank top under an untucked and open denim shirt with his snug jeans, and a dark gray touring cap on his head. He took a few moments to carefully shave himself into a proper goatee.

"There," Emmett put the trimmer down. "What do you think?"

"Nasir's gonna eat you up," Seth was certain.

"I'm gonna fucking eat him up!" Emmett pledged.

"We'll be able to hear you in the park," Seth gave a sigh. "C'mon already."

"Just let me grab my bag," Emmett retrieved his Calvin Klein black leather messenger bag from his closet. He placed his phone, wallet, keys and the judges' orders in the bag and wore it across his back.

"Ug. Those fucking boots," Seth gestured as Emmett pulled on his old, scuffed and beat up brown leather boots.

"I love them," Emmett defended. "And they love me back."

"In a wizened, deathbed, great grandfatherly way," Seth described.

"You wear what you want. I'll wear what I want," Emmett stated.

"You think just because I've known you for ten thousand years that you somehow have immunity from my good fashion counsel?" Seth walked out into the outer hallway.

"Yes," Emmett pulled the locked door closed behind them.

"Not the first time you've been wrong. Won't be the last. Got everything?" Seth asked. "Toothbrush?"

"I have a toothbrush there. We have toothbrushes for you guys too. You don't need to pack anything like that," Emmett advised as they walked down to the elevators.

"Underwear?" Seth went down his list.

"I won't need underwear," Emmett chuckled as he touched the call button.

"Lube?" Seth asked.

"Yeah, 'cause you can't get that in New York," Emmett was flip.

"I don't need any smartassery," Seth held up a hand as he walked into the elevator first.

It was a quick ride up to the fifteenth floor and Seth let them into his home.

"Honey, I hope you're naked!" Seth called as he and Emmett headed for the master bedroom.

"Not quite," Garrett smiled as Seth and Emmett joined him. He stood beside the bed where he had just laid out the two suits he wanted to wear to work the rest of the week. Garrett wore the snug trunk underwear he had worn all day and nothing else. "Help me pick out shirts and ties," he bid.

"Mmm," Seth had other things on his mind. He stepped behind Garrett and pressed himself to his back. Seth reached around and ran one hand over Garrett's abdomen while he gripped his husband's cock and balls through his underwear with the other. "Okay," Seth couldn't resist. He stepped around in front of Garrett and fell to his knees.

"Shirts and ties, Sweetness," Garrett smiled down at his husband.

"Shirts and ties, Emmy," Seth delegated as he pulled Garrett's underwear down to his thighs.

Emmett gave a shrug and headed for the closet. He needed something to do. Seth ran his hands up his husband's hairy thighs and looked reverently upon his husband's fully cowled, soft cock and full balls in their shaved sac. He knew what he wanted to do. He needed it. Seth moved forward and nuzzled his face under Garrett, into Garrett's nuts and let his husband's cock lay on his face. He inhaled deeply through his nose.

"Ugh," Seth let his eyes roll back in his head. The scent of his husband's balls after being in his underwear all day was especially intoxicating. He smelled like a man and he smelled like Garrett, and Seth's tight jeans were suddenly much too tight. The cock that expanded on Seth's face only made The King swell even further.

Emmett picked out several shirts and ties that went well with them, and walked them all out into the bedroom. He laid them down by the suits he thought each would go with best. "What do you think, Garrett?" Emmett asked as if the other man did not have his husband's face between his legs.

"Nice choices, Emmett," Garrett was casual. He ran the fingers of his right hand through the silken hair on the left side of Seth's head so as not to disturb the feather on the other side. "This is perfect," he pointed. "And I think that one."

"You know, I guess I've always been busy myself before, so I've never really noticed. You have a really nice dick, Garrett," Emmett complimented. The shorter man was now fully hard and his head was still mostly covered by his foreskin.

"Thank you," Garrett smiled. He didn't see the setup.

"Want me to suck you while Seth's licks your balls?" Emmett gave a grin. He knew the reaction this would prompt.

"The day I need help from you, Mary!" Seth made a fist and punched Emmett in his rock solid thigh. "Ow," he shook out his hand.

"Hurt yourself?" Emmett smiled down at Seth.

"I'll punch you in your nuts next!" Seth threatened with another fist.

"I'll put the rest of these away and go help myself to a beer," Emmett picked up the shirts and ties Garrett had not chosen and headed back to Garrett's closet.

"Yeah, do that!" Seth commanded.

"Sweetness, we should think about dinner and then we have a plane to catch," Garrett rubbed his thumb over Seth's smooth chin and jaw.

"Oh, Honey, I couldn't let you fly all the way to New York with your cock all stiff like this," Seth took hold of his husband's bone. He moved Garrett's skin down off of his head and back in a slow, gentle stroke. "And look how swollen your balls are," Seth raised his other hand to cup them. "I'll drain them for you. Lay back."

Garrett smiled as he sat back against the bed. "Ugh!" he closed his eyes and leaned back on his elbows as Seth swallowed him whole.

Seth had changed into tight, black, very low rise jeans and his equally tight, red, crew neck shirt. His Emirati gold necklace laid on his chest outside the shirt. He wore a black suede western cut suit jacket and continued to wear his feather in his hair. Garrett wore a banded collar shirt under a suit jacket with his snug jeans. Emmett's nervous energy was only too evident and Garrett readily agreed to let him drive them to dinner and the airport. It gave Emmett something to do.

At Garrett's suggestion, they had dinner at the Cedarbrook Lodge. Separated from SeaTac only by Bow Lake, which was little more than a good sized duck pond, it was the only fine hotel in the area. Tucked into beautifully landscaped grounds, it was a small hotel with an equally small dining room and by far the best kept secret in and around the airport.

A grand fireplace made of Washington stone floated on a glass wall overlooking the patio and grounds. The tables were unique slices of Washington woods, polished to a gleaming shine. They were escorted to one along a long banquette. Emmett took a chair so that Seth and Garrett could sit close together on the banquette.

"Good evening, guys. I'm Carmese," she short, fauxhawked lesbian greeted. "I'll be taking care of you guys this evening and the first thing I want to know is, are we flying out this evening?"

"We are," Emmett confirmed.

"When is your flight?" Carmese asked.

"Eleven thirty," Emmett answered.

"Okay, we have some time then," Carmese gave a nod. "Anything from the bar to get you started?"

"Allow me a moment with the wine list," Garrett requested.

"I sure will. Okay, who's a couple? I know some of you pretty boys have to belong to each other," Carmese rightly concluded.

"They are," Emmett pointed with a dimpled grin. Garrett smiled at his husband and took him under his arm.

"Aw. Cute together too," Carmese complimented. "Look over your menus. I'll be back in a few."

"I like her," Seth stated as she walked away.

"I do too," Emmett picked up his menu.

"What are we having, boys?" Garrett enquired.

"There's a lot of nice seafood on this menu," Seth observed. "Grilled Spanish octopus, Honey."

"I'd love to try that," Garrett agreed.

"How about the White Sturgeon caviar blinis?" Emmett asked.

"That does sound good," Garrett nodded. "And how about the quail to round out our starters?"

"Perfect," Seth rested a hand on Garrett's thigh. "And then maybe I'll have the duck."

"I have my eye on the duck as well," Garrett shared.

"I think I'll have the pork loin. Get the taste for pork out of my system," Emmett shared his plan.

"Before you get the taste of Arab into your system?" Seth teased.

"And is that essence of Thompson I detect on your breath?" Emmett gave right back.

"What wine would go best with you, Honey?" Seth giggled.

"The whine you usually give him, 'harder, deeper,'" Emmett mimicked in a high falsetto.

"If she doesn't dump that pork loin on your head, I'll do it for her," Seth threatened.

"What do we think, guys?" Carmese returned shortly.

"Did we agree on starters?" Garrett enquired and proceeded to order when Seth and Emmett both nodded. "We'll start with the grilled octopus, the caviar blinis and the quail, please. Then two orders of the duck and, Emmett, you decided on the pork loin?"

"Please." Emmett confirmed.

"Great, guys," Carmese took down their orders. "And have we had a chance to look over the wine list?"

"Bring us a bottle of the Taittinger Carneros rosé to start and then a Poet's Leap riesling and a Covington Cellars sangiovese with dinner," Garrett instructed.

"I'll bring your champagne right out," Carmese gathered up the menus and departed.

"I saw lamb on the menu too. If Nasi were here, he would have the lamb," Emmett brought himself down just thinking about it. "I wonder what crap he was served for dinner. Probably a kosher hot dog if he was lucky."

"Look on the bright side, Emmett. He isn't free at this moment, but we've done it," Garrett attempted to cheer him. "He'll be in your arms in the morning."

"Yeah," Emmett nodded. "I hate that he has to spend one more fucking night in that place though!" he made fists on the table.

"We know, Emmy. We do too," Seth held the fist he could reach in his hands. Garrett wrapped his hands around Emmett's other fist.

"Thanks, you guys. I don't know what we would do without you," Emmett relaxed his hands and let Seth and Garrett hold his hands in the quiet, dimly lit dining room.

"We love you both," Garrett stated simply. "You are our brothers."

"Yeah," Seth couldn't have said it better himself.

Emmett worked hard during dinner to enjoy himself and not let his nerves get the better of him. The champagne and wine helped, but he had to force himself not to indulge too heavily. The closer it came to flight time, the more Emmett began to fidget.

"You boys have a nice flight," Carmese bid as she placed the leather bound booklet with the check on the table. "It was a pleasure having you."

"I'll take that," Emmett snatched it away before Garrett could reach for it.

"He will not," Garrett pulled his Centurion Card out of his wallet.

"You guys would be home relaxing right now if it weren't for me. The least I can do is get this," Emmett protested.

"Don't be ridiculous," Garrett dismissed. "Here," he extended his card to Carmese.

"Don't take that from him," Emmett commanded. He produced his own credit card, placed it in the booklet and handed it to her.

"Okay," Carmese beat a hasty retreat.

"I don't have this much trouble with your husband," Garrett put his card away.

"That's 'cause my husband won't throw you over his shoulder and carry you out of here if he doesn't get his way," Emmett gave a grin.

"I'll smack you so hard you'll get a speeding ticket in Portland!" Seth promised.

Carmese returned with the check and Emmett signed it, tipping her generously. The valet took only a moment to retrieve the Range Rover and Emmett took the wheel. Like on the drive down from the city, Seth sat in front with him as he drove around onto Pacific Highway. From there they had easy access into the airport parking deck. Emmett parked as close as he could to the bridge to the section of the airport where American Airlines was located. Garrett slung his taupe canvas and fawn calfskin Hermès garment bag over his shoulder and carried his ostrich skin briefcase in his hand. Seth carried his own black and blue leather Vivienne Westwood laptop bag as they made their way into the terminal.

Emmett had sent their boarding passes to their phones when he checked them in and they headed directly for the security checkpoint. At this hour the lines were not long and soon they scanned the boarding passes on their phones to be admitted through. Emmett threw his boots, hat, messenger bag and belt into the bins. Seth had to do much the same, but was allowed to keep his feather in his hair. Garrett came through last and once they all reassembled themselves, turned left into Concourse A.

The 737-800 that would carry them across the continent was just arriving when they reached Gate A8. It would take time to service, restock and refuel before a new crew arrived for the flight to New York. Time during which Emmett tried to sit in a chair in the lounge area of the gate and found that he couldn't.

"I'm gonna go poke through these shops for a while, guys," Emmett gestured down the concourse. "Will you be here?"

"Right here, Emmett," Garrett assured with a smile.

"Okay," Emmett headed off.

"Honey...," Seth turned to where his husband sat beside him.

"Go with him," Garrett knew what was best.

"I love you," Seth rose and leaned into Garrett's seat to give him a quick kiss on the lips.

"I love you too," Garrett smiled at Seth and watched him dash off after their big friend.

"Ladies and gentlemen, American Airlines is pleased to announce flight two seventy, nonstop service to New York John F Kennedy," came the announcement. By this time Emmett had been through every shop and bought himself ten different magazines.

"We will now begin pre boarding," the gate agent continued. "Anyone needing assistance in boarding, or travelling with small children, should approach the Gate marked A eight at this time. General boarding will begin in a few minutes. First class passengers, Aadvantage Executive Platinum and OneWorld Emerald members, may board at your leisure. Thank you."

"Let's go, guys," Emmett was on his feet well before the announcement was finished, though it was more than half an hour before flight time. They scanned their phones in the express boarding lane and headed down the jetbridge.

"Good evening, gentlemen. Welcome aboard. I'm Candi," a smiling flight attendant greeted them. "May I see your boarding cards, please?"

"Your seat is right here on the aisle, Mr. McCarty," Candi smiled.

"Thank you," Emmett knew precisely where it was. He lifted the strap of his messenger bag over his head and stashed it in the overhead compartment.

"You have a window seat, Mr. Clearwater," Candi gestured. "Shall I hang up your jacket?"

"Oh, yes. Thank you," Seth shed his suede jacket and surrendered it.

"You're right here on the aisle, Mr. Thompson. Would you like me take your jacket as well? I can also hang up that garment bag for you," Candi offered.

"Yes, please do. And thank you," Garrett handed both off to her and joined Seth in row five. He stowed both his briefcase and Seth's bag in the overhead before he sat down.

"Champagne while we wait for boarding, gentlemen?" Candi was ever accommodating.

"Yes, please," Seth answered for them.

The trouble with pre boarding was that the half hour plus for a small plane or even over an hour for large ones, made the flight seem only that much longer while general boarding was completed and everyone finally took their seats. First class filled up fairly quickly with the ability to board at any time and standby upgrades filled the remaining seats when general boarding began. Seth peeped at Emmett through the gap between the seats and noticed that he grew increasingly agitated.

"I'm worried about Emmy," Seth confessed quietly.

"It's going to be a long night for him," Garrett astutely observed. "Actually, I think I'll trade seats with him."

"Honey," Seth grabbed his husband's arm. "I love him with all my heart. He's the brother Grandfather Spirit gave to me, but he's not more important to me than you are," he stressed.

"I know that, Sweetness," Garrett put a gentle hand to Seth's face, "but right now he needs you more," he leaned toward Seth and gave him a loving kiss on his lips. Garrett then rose and stepped into the aisle. "Emmett, switch seats with me."

"Garrett, you don't have to do that," Emmett protested.

"I'm not doing anything. It'll give me a chance to get some work done," Garrett lied. "You two can gab."

"Are you sure?" Emmett unbuckled his seatbelt and stood up.

"I'll get my laptop out as soon as we take off," Garrett confirmed.

Emmett gathered Garrett into his arms and hugged him tightly. "Thank you," he spoke quietly.

"Sit next to Seth," Garrett rubbed Emmett's back. He pulled back and stepped around the bigger man. "Keep him entertained."

"I don't believe you for one second," Emmett stated.

"Go on," Garrett directed as he seated himself in row six. Emmett sat down in the seat Garrett had vacated.

"Show me the pictures of your place again, Emmy. I can't wait to see it!" Seth enthused.

"I know what you two are doing," Emmett looked Seth in the eye.

"Think you're clever, do ya? Think your mind can keep up with mine? Just try," Seth challenged.

"And I really appreciate it," Emmett took hold of Seth's hand.

"I really would like to see the pictures again. Start with the Thompson Clearwater suite," Seth directed.

"Okay," Emmett stood up again to retrieve his cell from his messenger bag.