The Board of Immigration Appeals has determined that the categorical approach is inapplicable to the determination under section 237(a)(2)(E)(ii) of the INA as to whether a respondent has violated a domestic violence-related protective order because no conviction is required under this statute.  Instead, a judge should consider any reliable evidence to determine whether a state court has determined that the respondent violated a protective order.  In so doing, an Immigration Judge should decide (1) whether a State court determined that the alien has engaged in conduct that violates the portion of a protection order that involve[d] protection against credible threats of violence, repeated harassment, or bodily injury and (2) whether the order was issued for the purpose of preventing violent or threatening acts of domestic violence.

The full text of Matter of Obshatko can be found here: