Case Details
- Status
- Published
- Procedural Posture
- BIA appeal from Immigration Judge decision regarding protective order violation
Related Laws
No specific laws identified for this ruling.
Outcome
BIA affirmed that respondent is ineligible for discretionary relief except bond due to violation of protective order, but established the legal standard that such consequences apply only unless respondent fully cooperates with government and proves by clear and convincing evidence that extraordinary circumstances existed or noncompliance was beyond their control.
Excerpt
R-S-H-, 23 I & N 629 (BIA 2003) ID 3495 (PDF) (1) Under 8 C.F.R. § 1003.46(i) (formerly 8 C.F.R. § 3.46(i)), the mandatory consequence for violating a protective order is that the respondent becomes ineligible for any form of discretionary relief, except for bond. (2) The mandatory consequence for breaching a protective order will be applied unless a respondent fully cooperates with the Government in any investigation relating to the noncompliance and, additionally, establishes by clear and convincing evidence either that extraordinary and extremely unusual circumstances exist or that failure to comply with the protective order was beyond the control of the respondent and his or her attorney or accredited representative. (3) The presence of federal employees, including court personnel or Department of Justice attorneys, at a closed hearing where a protective order is discussed does not violate the protective order regulations. (4) The respondent is ineligible for any form of discretionary relief, except for bond, because a protective order issued by the Immigration Judge was violated by disclosure of protected information to unauthorized persons.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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