Legal Opinion

Cespedes v. Lynch

Court of Appeals for the Tenth Circuit

Decided November 19, 2015No. 14-9604PublishedCited by 7 opinions

1Opinion of the Court

HARTZ, Circuit Judge.

The Immigration and Nationality Act (INA) provides that a permanent resident is removable if he “violates the portion of a [domestic-violence] protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury.” 8 U.S.C. § 1227(a)(2)(E)(ii). The issue before us is whether violation of an order prohibiting contact with a potential victim satisfies the statute. We hold that it does.

I. BACKGROUND

Petitioner Jose Ramon Cespedes, a native and citizen of Venezuela, entered the United States as a nonimmigrant tourist on January…

2Cases cited9 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Descamps v. United StatesSupreme Court of the United States · 2013
  3. Moncrieffe v. HolderSupreme Court of the United States · 2013
  4. City of Arlington v. Fed. Commc'ns Comm'nSupreme Court of the United States · 2013
  5. United States v. HayesSupreme Court of the United States · 2009

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3Cited by7 opinions

  1. Alvarez v. GarlandCourt of Appeals for the Second Circuit · 2022
  2. OBSHATKOBoard of Immigration Appeals · 2017
  3. Garcia-Hernandez v. BoenteCourt of Appeals for the Seventh Circuit · 2017
  4. Ashish Sunuwar v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2021
  5. Emmanuel Tiah v. Todd BlancheCourt of Appeals for the Eighth Circuit · 2026

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