MENDEZ-ORELLANA

Citations

• 25 I. & N. Dec. 254

Syllabus

MENDEZ-ORELLANA, 25 I&N Dec. 254 (BIA 2010) ID 3682 (PDF) (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 section237(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 hasbeen 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.