(B)  Effective Date.  This ground of deportation applies only to violations of court orders “occurring after date of the enactment of this Act.”[166] September 30, 1996 was the date IIRAIRA was signed into law.  The court-order violation must occur “after” September 30, 1996, to trigger deportation.  Note that this refers to the violation, not the date of the court finding of violation.  Compare § 22.15, supra.

 

[166] IIRAIRA § x350(b); Matter of Rodriguez-Tejedor, 23 I. & N. Dec. 153, n.13 (BIA July 24, 2001) (“IIRAIRA § 350(b), 110 Stat. at 3009-640 (amendment adding domestic violence and stalking as grounds for deportation ‘shall apply to convictions, or violations of court orders, occurring after the date” of enactment) . . . .’).

BIA

DOMESTIC VIOLENCE " VIOLATION OF PROTECTION ORDER
Matter of Strydom, 25 I. & N. Dec. 507 (BIA May 24, 2011) (Kansas conviction for attempting to make a phone call to his wifes home in violation of the no-contact provision of a temporary protection order, in violation of Kan. Stats. 21-3843(a)(1), triggers deportation under INA 237(a)(2)(E)(ii)), following Szalai v. Holder, 572 F.3d 975, 982 (9th Cir. 2009) (petitioners violation of the 100 yard stay away provision in Oregon Family Abuse Prevention Act restraining order triggers deportation under INA 237(a)(2)(E)(ii)); Alanis-Alvarado v. Holder, 558 F.3d 833, 839-40 (9th Cir. 2009) (injunction against telephoning a domestic partner in the context of a domestic violence protective order involves protection against violence, threats, or harassment, even if it is possible that the [offenders] violative conduct did not independently constitute violence, threats, or harassment[,] since INA 237(a)(2)(E)(ii) only requires a violation of the portion of a protection order that involves protection against credible threats of such conduct.) (internal quotation marks omitted).

Tenth Circuit

DOMESTIC VIOLENCE " NO CONTACT ORDER
Cespedes v. Lynch, 805 F.3d 1274 (10th Cir. Nov. 19, 2015) (any violation of a protection order will trigger 8 U.S.C. 1227(a)(2)(E)(ii), INA 237(a)(2)(E)(ii)), agreeing with Matter of Strydom, 25 I. & N. Dec. 507, 510 (2011).

Other

DOMESTIC VIOLENCE"DEPORTATION GROUND"PROTECTION ORDER VIOLATION"DEFENSES
Congress limited the deportation ground triggered by a court finding of a violation of a domestic violation protective order, under INA 237(a)(2)(E)(ii), 8 U.S.C. 1227(a)(2)(E)(ii), to protective orders against "credible threats of violence, repeated harassment [etc.]," as opposed to just protective orders against "threats of violence and harassment. (Emphasis added.) This certainly implies that the person must have been found in violation of the portion of a protective order that protects against credible threats, and does not apply unless the protection order specifically does so. Thanks to David Antn Armendriz.