Immigration counsel can argue that INA 240A(b)(1)(C), barring 10-year non-LPR cancellation for anyone convicted of an offense under section 212(a)(2), 237(a)(2), or 237(a)(3), does not reach a person who was found by a court to have engaged in conduct that violated a qualifying portion of a protection order under INA 237(a)(2)(E)(ii), if the person was not convicted of an offense under the specified statutes. This removal ground does not require or mention a criminal conviction. On the other hand, it is based on a court determination of certain conduct regardless of whether that conduct constitutes a criminal offense, and regardless of whether the person was convicted of that conduct. Because INA 240A(b)(1)(C) requires a criminal conviction, rather than applying where the person merely committed an offense " as the Act so often does, it cannot apply to non-conviction based grounds such as INA 237(a)(2)(E)(ii). Because this removal ground is not based on a conviction, it cannot trigger the conviction-bar to non-LPR cancellation under INA 240A(b)(1)(C).
Thanks to Jonathan Moore.