Firearms Offense Doesn't Warrant Deportation, BIA Says 1 Firearms Offense Doesn't Warrant Deportation, BIA Says

Firearms Offense Doesn't Warrant Deportation, BIA Says

By Nicole Rosenthal (August 1, 2022, 7:41 PM EDT) — The Board of Immigration Appeals renewed a Mexican national’s bid to stay in the country, finding that his conviction on a federal weapons charge does not warrant deportation and that the federal law underpinning his conviction is too broad.

A three-member panel found Thursday that while the Immigration and Nationality Act renders any noncitizen deportable if convicted of buying or selling a weapon, the provision does not include all firearm offenses, such as the offense of aiding and abetting the acquisition of firearms through a false statement that Ubaldo Ortega-Quezada was convicted of in 2020.

The federal statute is too broad relative…