Criminal Defense of Immigrants

This ground of deportation requires that a noncitizen whom the court determines has engaged in “conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable.” [179]  Therefore, not every court finding of a violation of a protection order will fall under this statute.  If the court finds that the noncitizen has violated a portion of a protection order that does not involve protection against (a) credible threats of violence, (b) repeated harassment, or (c) bodily injury to the protected person, it will not trigger deportation under this ground.  See § § 16.9-16.14, supra.

                Many protection orders are very broadly written, and may prohibit “any contact” or contact with persons other than the protected person, such as children or other relatives against whom there is no threat of violence or harassment.  Counsel can, when arranging a stipulation to a court finding, specify the portion of the court order violated, and choose a portion that will not trigger deportation under this ground.  If the record of the court finding does not indicate which portion of the court order was violated, and if the court order is overbroad with respect to the ground of deportation, including unlisted portions as well as the listed portions relating to violence and harassment, then arguably the “record of the determination” does not unequivocally show the noncitizen was found to have violated a listed portion of the order, and the finding will not trigger deportation under this ground.  See § 17.9, supra.

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