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);
    • Temporary and Final Orders of Protection;
    • Regardless of whether there is an accompanying criminal prosecution for violating the Order of Protection.

  • 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;
    • Even if the violation involved no violent or threatening conduct.
    • See Matter of Strydom, 25 I. & N. Dec. 507 (BIA 2011).

In addition to potential deportation, the violation of a Family 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.