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Immigrants and State Courts

Immigrants and State Courts

The New York Family Court Act & Federal Immigration Law, Policy & Enforcement

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Orders of Protection

Order of Protection – Violation

  • Federal Immigration Law makes any person who is NOT a U.S. citizen, and who has been lawfully admitted, deportable if:
    • A civil or criminal court finds that the person violated an Order of Protection issued for the purpose of protecting another person from “violent or threatening acts of domestic violence.”
  • INA 237(a)(2)(E)(ii); 8 U.S.C. 1227(a)(2)(E)(ii)

  • This provision applies:
    • To Family Court Orders of Protection issued in ANY type of family court proceeding (not just Article 8 Family Offense proceedings but for example, there are often Orders of Protection entered in Article 10 Abuse and Neglect proceedings);
    • To Temporary and Final Orders of Protection;
    • Regardless of whether there is an accompanying criminal
      prosecution for violating the Order of Protection.
  • See INA 237(a)(2)(E)(ii); 8 U.S.C. 1227(a)(2)(E)(ii)

  • This provision may be triggered whenever a Family Court finds:
    • That an individual violated a condition of an Order of Protection having to do with protection from domestic violence or that involved protection against “credible threats of violence, repeated harassment or bodily injury;”
    • That the order of protection was “issued for the purpose of preventing violent or threatening acts of domestic violence,”
      even if the violation involved no violent or threatening conduct.
  • Immigrant Legal Resource Center Practice Advisory:
    • The Domestic Violence Deportation Ground
  • See Matter of Strydom, 25 I. & N. Dec. 507 (BIA 2011)
  • See Matter of Obshatko, 27 I. & N. Dec. 173 (BIA 2017)

In addition to potential deportation, the violation of a Family or Criminal Court Order of Protection can lead to:

  • Denial of a Deportation Waiver which would protect someone from being deported.
  • Denial of an Immigration Benefit including lawful permanent residence and citizenship.
  • Interrogation after travel abroad and possible denial of reentry to the United States.

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Orders of Protection

  • Order of Protection – Violation
  • Order of Protection – Existence
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