The Board of Immigration Appeals has confirmed the proper analysis under section 237(a)(2)(E)(ii) of the INA (violation of a protection order), as it relates to an application for cancellation of removal for non-lawful permanent residents.
"Two distinct inquiries must be made in applying section 240A(b)(1)(C) to determine whether a violation of a protection order is for an offense under section 237(a)(2)(E)(ii). First, an Immigration Judge must determine whether the offense at issue resulted in a “conviction” within the statutory definition set forth at section 101(a)(48)(A) of the Act. The Immigration Judge must then decide whether the State court has found that the alien “engaged 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 or persons for whom the protection ordered was issued,” as directed by section 237(a)(2)(E)(ii). In conducting this second inquiry, Immigration Judges should follow the analysis provided in Matter of Obshatko—that is, they should review the probative and reliable evidence regarding whether the State court’s findings that a protection order has been violated meet the requirements of section 237(a)(2)(E)(ii). An Immigration Judge might reasonably conduct these two inquiries—neither of which involves the elements-based categorical approach—in either order."
"Although a conviction is necessary in the context of cancellation of removal, it would be incongruous to apply the elements-based categorical approach to section 237(a)(2)(E)(ii), which focuses on a court’s determination regarding an alien’s conduct."
The full text of Matter of Medina Jimenez: https://www.justice.gov/eoir/page/file/1085701/download