Criminal Defense of Immigrants


§ 22.38 (A)

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(A)  Requirement of Injunction.  This deportation ground requires that the noncitizen must have been enjoined by the protection order.  That means that the person must have been named in the protection order; the papers seeking the protection order must have been served upon him or her in advance of the issuance of the order; and the protection order itself must have been served on him or her.  Otherwise, the order does not in fact enjoin the noncitizen.  The statute must be read as including the implicit requirement that the order must lawfully enjoin the person against whom it is directed.  A family law specialist should be consulted for the applicable state law basis for these requirements of a valid injunction.