Once counsel has established that one or more safe haven dispositions does not fall within any of the conviction-based grounds of deportation, the next step is to check whether the conduct established by the elements of the offense of conviction itself triggers a conduct-based ground of deportation.  See § § 2.9, 2.10, supra.

Ninth Circuit

AGGRAVATED FELONIES " FIREARMS OFFENSES " ANTIQUE FIREARMS
United States v. Aguilera-Rios, ___ F.3d ___, 2014 WL 2723766 (9th Cir. Jun. 17, 2014) (California Penal Code 12021(c)(1), current Penal Code 29800, is not a categorical aggravated felony firearms offense, since the statute lacks an antique firearms exception); explicitly partially overruling Gil v. Holder, 651 F.3d 1000, 1005"06 (9th Cir. 2011), and implicitly partially overruling Matter of Mendez-Orellana, 25 I&N Dec. 254 (BIA 2010).