NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT __________ No. 19-1109 __________ JOSÉ MIGUEL BARRIOS LEON, AKA Miguel Barrios, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent ______________ On Petition for Review of a Decision of the Board of Immigration Appeals (Agency No. A205-829-382) Immigration Judge: Charles M. Honeyman ______________ Submitted Under Third Circuit LAR 34.1(a) on September 20, 2019 Before: KRAUSE, MATEY, Circuit Judges, and QUIÑONES ALEJANDRO, ∗ District Judge (Opinion filed: October 23, 2019) __________ OPINION † __________ ∗ Honorable Nitza I. Quiñones Alejandro, District Judge, United States District Court for the Eastern District of Pennsylvania, sitting by designation. † This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. QUIÑONES ALEJANDRO, District Court Judge, by designation. Petitioner José Miguel Barrios Leon a/k/a José Barrios (“Petitioner”) seeks review of the Board of Immigration Appeals (“BIA”) decision affirming the Immigration Judge’s (“IJ”) decision, which granted the Government’s motion to pretermit his Application for Cancellation of Removal and entered a final Order of Removal. The IJ’s decision was premised on Petitioner’s conviction for violating a no-contact provision of a Protection from Abuse (“PFA”) Order. This Court has jurisdiction pursuant to § 242 of the Immigration and Nationality Act (“INA” or “the Act”). 8 U.S.C. § 1252. I. BACKGROUND Petitioner is a citizen of Mexico who entered the United States in 2001 without inspection. Petitioner married Juana Garcia Lopez (“Garcia Lopez”), also a citizen of Mexico, and their son was born in 2007 in West Chester, Pennsylvania. On December 18, 2012, Petitioner was arrested on charges of simple assault, recklessly endangering another person, terroristic threats, and harassment, all stemming from an interaction involving Garcia Lopez. Two days later, Garcia Lopez filed a complaint in the Court of Common Pleas for Chester County in which she sought a PFA Order, based on allegations that Petitioner had grabbed her hair, hit her, forced her to perform oral sex on him, and threatened her with a knife. The court granted her petition and entered a temporary PFA Order enjoining Petitioner, inter alia, from having “ANY CONTACT with [Garcia Lopez] . . . either directly or indirectly . . . except for such contact with the minor child . . . as may be permitted . . . Pending Final PFA Hearing, As parties agree.” A.R. 274. Petitioner was also advised to stay away from the residence, and that 2 any violation of the PFA Order could result in his arrest for indirect criminal contempt, an offense that carries a possible penalty of a fine up to $1,000 and/or up to a six-month jail sentence. On February 4, 2013, at 1:34 a.m., Petitioner was arrested outside Garcia Lopez’ apartment pursuant to 23 Pa. Cons. Stat. § 6113(a), and charged with violating the protective order. He was later also charged with simple assault for the December 2012 incident involving Garcia Lopez. On June 26, 2013, Petitioner pled guilty to simple ...
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