Javier Lara-Flores v. Eric Holder, Jr.

MEMORANDUM

Javier Lara-Flores, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (BIA) order dismissing his appeal from an Immigration Judge’s decision that found him removable under 8 U.S.C. § 1227 (a)(2)(E)(ii). We have jurisdiction under 8 U.S.C. § 1252 (a)(1). Reviewing the BIA’s decision de novo, Alanis-Alvarado v. Holder, 558 F.3d 833, 836 (9th Cir.2008), we deny the petition for review.

An alien is removable if he “engage[s] in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person ... for whom the protection order was issued.” 8 U.S.C. § 1227 (a)(2)(E)(ii). The BIA and IJ properly concluded, under the modified categorical approach, that Lara-Flores satisfied § 1227(a)(2)(E)(ii) when he pled guilty to violating a protection order issued “pursuant to [California Penal Code § ] 136.2 as a condition of probation after conviction in a criminal proceeding involving domestic violence as defined in [California Penal Code § ] 13700.”

A “protection order” under § 1227(a)(2)(E)(ii) includes “any injunction issued for the…