Criminal Defense of Immigrants


§ 22.36 C. Finding by Foreign Court

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The protection order deportation ground refers to a finding by “a court . . . .” [168]  It does not list the jurisdictions, as does the domestic violence conviction deportation ground. [169]  There is a strong argument, however, that Congress was thinking of domestic state and federal courts, not of the court orders of foreign courts.  See § 22.13, supra. Therefore, court findings by foreign courts should not trigger this ground of deportation.

[168] INA § 237(a)(2)(E)(ii), 8 U.S.C. § 1227(a)(2)(E)(ii).

[169] INA § 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i).