Alvarez v. Garland, No. 22-6021 (2d Cir. 2022)
Annotate this Case
Petitioner challenged an order of removal based on his violation of a court protection order and moved for leave to proceed in forma pauperis, appointment of counsel, and a stay of removal. Respondent, in turn, moved to expedite the petition.
The Second Circuit dismissed Petitioner’s petition for review of a removal order based on his violation of a court protection order. The court held that removability under 8 U.S.C. Section 1227(a)(2)(E)(ii) is determined by a circumstance-specific inquiry as to whether a court found a particular alien’s conduct to violate a protection order then applicable to him, and whether that violation pertained to a provision of the order involving protection against credible threats of violence, repeated harassment, or bodily injury to the person for whom the protection order was issued. Here, because Petitioner’s arguments to the contrary lack any arguable basis in law or fact, and because his other challenges to removability and to the denial of cancellation of removal are similarly frivolous, the court dismissed his petition and denied all motions, both by the Petitioner and the Respondent, as moot.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.