LOPEZ-AMARO

Citations

• 20 I. & N. Dec. 668

Syllabus

LOPEZ-AMARO, 20 I&N Dec. 668 (BIA 1993) ID 3202 (PDF) (1) Although section775.087 of the Florida Statutes is, on its face, a penalty enhancementprovision designed to raise the penalty for conviction of a felony wherethe felony is committed with the use of a weapon or firearm, under Floridacaselaw, use of a firearm becomes an element of the substantive offenseof first degree murder with a firearm where the elements of murder undersection 782.04 of the Florida Statutes and of use of a firearm under section775.087 of the Florida Statutes are charged and proven. (2) A conviction forfirst degree murder with a firearm in violation of sections 782.04 and775.087 of the Florida Statutes constitutes a firearms offense withinthe meaning of section 241(a)(2)(C) of the Immigration and NationalityAct, 8 U.S.C. § 1251(a)(2)(C) (Supp. III 1991), where the use of a firearm is deemed to be an element of the defendant's substantive offense. Matter of Rodriguez-Cortes, 20 I&N Dec. 3189 (BIA 1992), distinguished.