Obama Admin Set to Kick Out Married Gay Partner

First we heard they'd hold off on these expulsions, now they're going right ahead. Via SF Gate:

 Citing the Defense of Marriage Act, the Obama administration denied immigration benefits to a married gay couple from San Francisco and ordered the expulsion of a man who is the primary caregiver to his AIDS-afflicted spouse.

"Bradford Wells, a U.S. citizen, and Anthony John Makk, a citizen of Australia, were married seven years ago in Massachusetts. They have lived together 19 years, mostly in an apartment in the Castro district. The U.S. Citizenship and Immigration Services denied Makk's application to be considered for permanent residency as a spouse of an American citizen, citing the 1996 law that denies all federal benefits to same-sex couples.

So, let me get this right. The administration is refusing to defend DOMA in court, saying to the world that it is unconstitutional. WHILE at the same time, using it against a couple where one is the primary caretaker for his in-need spouse?