Immigration-Removal-Violation of State Protection Orders-Sufficiency of Evidence

Petitioner sought review of the BIA’s order finding petitioner removable based on his state court convictions for violating protection orders and declaring petitioner ineligible for relief or protection from removal. Petitioner argued that copies of the protection orders were required to determine his removability and challenged the sufficiency of the evidence showing that the orders satisfied the requirements to charge petitioner with removal.

Where the content of a protection order could be established by other competent evidence, the BIA was not required to have copies of the orders at issue in the record, and there was sufficient evidence to prove that the orders at issue in the case were issued to prevent petitioner from committing violent or threatening acts of domestic violence, making petitioner eligible for removal.

Petition is denied.

Tiah v. Blanche (MLW No. 84882/Case No. 24-2010 – 18 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Petition for review of an order of the Board of Immigration Appeals. (David L. Wilson, Minneapolis, MN for petitioner) (Rodolfo D. Saenz, USDOJ, OIL, Washington, D.C. for respondent; Margot L. Carter, USDOJ, OIL, Washington, D.C. on the brief)