- 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:
- 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.
