Emmanuel Tiah v. Todd Blanche

── Emmanuel Tiah v. Todd Blanche ── Court: Court of Appeals for the Eighth Circuit Date: June 08, 2026 Category: General United States Court of Appeals For the Eighth Circuit ___________________________ No. 24-2010 ___________________________ Emmanuel Dwah Tiah Petitioner v. Todd Blanche, Acting Attorney General of the United States Respondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: December 17, 2025 Filed: June 8, 2026 ____________ Before LOKEN, SMITH, and KOBES, Circuit Judges. ____________ SMITH, Circuit Judge. Petitioner Emmanuel Tiah, a native and citizen of Liberia, petitions for review of a decision of the Board of Immigration Appeals (BIA). The BIA found him removable as charged pursuant to 8 U.S.C. § 1227(a)(2)(E)(ii). The BIA based its decision on Tiah’s two North Dakota convictions for violating protection orders. It further found him ineligible for any form of relief or protection from removal. We must answer two questions to resolve Tiah’s petition: First, whether copies of the actual protection orders at issue were required to determine whether Tiah was removable under 8 U.S.C. § 1227(a)(2)(E)(ii). Second, even assuming copies were not required, whether the record was sufficient to establish by clear and convincing evidence that the protection orders satisfied the requirements of § 1227(a)(2)(E)(ii). Section 1227(a)(2)(E)(ii) provides that the protection orders issued against Tiah must satisfy three requirements: (1) the protection orders were issued against Tiah for the purpose of preventing violent or threatening acts of domestic violence; (2) a portion of the protection orders “involve[d] protection against credible threats of violence, repeated harassment, or bodily injury”; and (3) a court determined that Tiah engaged in conduct that violated that portion of the protection order. See Docket for Tiah v. Bondi, 8th Cir. No. 24-2010 (May 20, 2025). We hold that copies of the actual protection orders were not required to determine Tiah’s removability under § 1227(a)(2)(E)(ii). We also hold that the record sufficiently established the elements of § 1227(a)(2)(E)(ii) by clear and convincing evidence. Accordingly, we deny the petition for review. I. Background Tiah entered the United States as a lawful permanent resident on May 24, 2010, pursuant to the diversity visa lottery. In early 2021, Tiah ran afoul of relevant North Dakota law. A docket report from the State of North Dakota reveals that on January 18, 2021, Tiah was charged in Case No. 09-2021-CR-00245 with (1) “Disorderly conduct-Fighting behavior,” in violation of N.D.C.C. § 12.1-31- 01(1)(a), and (2) “Terrorizing-With a dangerous weapon-Adult Victim-DV,” in violation of N.D.C.C. § 12.1-17-04(1). A.R. 492. Two days later, the first protection order was issued against Tiah; specifically, a “Pre Disposition” “Order Prohibiting Contact” was entered in the case. Id. at 493. The text of this protection order is not in the record. Another docket report from the State of North Dakota shows that on January 25, 2021, Tiah was charged in a separate filing in Case No. 09-2021-cr-00389 with “Violation of an order prohibiting contact.” Id. at 495 (citing N.D.C.C. § 12.1-31.2- -2- 02(4) (“An individual who violates a court order issued under this section is guilty of a class A misdemeanor.”). The information filed the following day against Tiah stated: Count 1: VIOLATION OF