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Keywords

appealharassmentdomestic violence
appealharassmentdomestic violence

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Rodriguez v. Sessions

Facts

Gabriela Rodriguez entered the United States without inspection in 1999 and was placed in removal proceedings in 2009. In 2000, her boyfriend obtained a restraining order against her due to fears for his safety after episodes of domestic violence. Rodriguez was charged with violating this order after she failed to leave the shared apartment, leading to her conviction in 2001. The immigration judge determined that this conviction made her ineligible for cancellation of removal, a decision later affirmed by the Board of Immigration Appeals.

Gabriela Rodriguez entered the United States without inspection in 1999 and was placed in removal proceedings in 2009. In 2000, her boyfriend obtained a restraining order against her due to fears for his safety after episodes of domestic violence.

Issue

Whether petitioner's conviction for violating a protective order made her ineligible for cancellation of removal under 8 U.S.C.S. 1229b(b)(1)(C) and 1227(a)(2)(E)(ii).

Whether petitioner's conviction for violating a protective order made her ineligible for cancellation of removal under 8 U.S.C.S. 1229b(b)(1)(C) and 1227(a)(2)(E)(ii).

Rule

An alien is ineligible for cancellation of removal if a court determines that the alien has engaged in conduct that violates a protection order involving credible threats of violence, repeated harassment, or bodily injury.

An alien is ineligible for cancellation of removal if a court determines that the alien has engaged in conduct that violates a protection order involving credible threats of violence, repeated harassment, or bodily injury.

Analysis

The court applied the rule by examining the nature of the protective order against Rodriguez, which was explicitly aimed at preventing violent acts of domestic violence. The court noted that the avoidance-of-residence provision of the order was directly related to protecting against future threats of violence. Rodriguez's violation of this provision, as determined by her conviction, was sufficient to render her ineligible for cancellation of removal.

The court applied the rule by examining the nature of the protective order against Rodriguez, which was explicitly aimed at preventing violent acts of domestic violence.

Conclusion

The court concluded that Rodriguez was ineligible for cancellation of removal proceedings, and therefore, the petition for review was denied.

The court concluded that Rodriguez was ineligible for cancellation of removal proceedings, and therefore, the petition for review was denied.

Who won?

The government prevailed in the case because the court upheld the immigration judge's and the Board of Immigration Appeals' decisions that Rodriguez's conviction for violating the protective order made her ineligible for cancellation of removal.

The government prevailed in the case because the court upheld the immigration judge's and the Board of Immigration Appeals' decisions that Rodriguez's conviction for violating the protective order made her ineligible for cancellation of removal.

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