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.
BIA rules on withholding of removal
Filed under: Removal | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, removability, Removal, removal order, removal orders, Removal Proceedings |
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 
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