Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

New BIA case re: firearms: (1) In removal proceedings, the antique firearm exception in 18 U.S.C. § 921(a)(3)(2006)is an affirmative defense that must be sufficiently raised by an alien charged under section 237(a)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(C) (2006),
as an alien who has been convicted of an offense involving a firearm.

(2) Where the Department of Homeland Security has presented evidence that an alien has been convicted of an offense involving a firearm, it has met its burden of presenting clear and convincing evidence of deportability, and the burden then shifts to the respondent to show that the weapon was, in fact, antique.

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