Matter of OBSHATKO, 27 I&N Dec. 173 (BIA 2017)
BIA HEADNOTE:
“Whether a violation of a protection order renders an alien removable under section 237(a)(2)(E)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(ii) (2012), is not governed by the categorical approach, even if a conviction underlies the charge; instead, an Immigration Judge should consider the probative and reliable evidence regarding what a State court has determined about the alien’s violation. Matter of Strydom, 25 I&N Dec. 507 (BIA 2011), clarified.”
PANEL: BIA APPELLATE IMMIGRATION JUDGES PAULEY, MALPHRUS, GREER
OPINION BY: JUDGE PAULEY
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COMMON THREAD: The Respondent loses, even though he prevailed before the Immigration Judge.
PWS
11-18-17