Alesenko

MEMORANDUM ***

Aleksandr Alesenko seeks review of the BIA’s decision that he is subject to removal pursuant to 8 U.S.C. § 1227 (a)(2)(E)(ii) based on his conviction for violating a domestic protective order. We have jurisdiction pursuant to 8 U.S.C. § 1252 (b), and we deny the petition for review.

Alesenko was arrested and convicted in state court of violating a provision of a protective order that prohibits him from calling his estranged wife at night. As a result of the conviction, the INS charged that Alesenko was subject to removal under 8 U.S.C. § 1227 (a)(2)(E)(ii). That section provides that “[a]ny alien who at any time after admission is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a pro *796 teetion order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable.” 8 U.S.C. § 1227 (a)(2)(E)(ii).

Alesenko claims that the INS failed to prove that his conduct violated “a portion of a protection order that involves protection against credible threats of violence,…