Criminal Defense of Immigrants

The firearms ground of deportation[48] has the following elements:

(1)       conviction

(2)       after admission

(3)       of attempting to commit, conspiring to commit, or of committing

(4)       a qualifying offense,

(5)       involving a weapon which “is” a firearm or destructive device, as defined in 18 U.S.C. § 921(a).

This ground was added in 1988, effective November 18, 1988.[49]  It has been amended several times since then.[50]

[48] INA § 237(a)(2)(C), 8 U.S.C. § 1227(a)(2)(C). 

[49] Anti-Drug Abuse Act of 1988, Pub.L. No. 100-690, § 7348(a), 102 Stat. 4181.

[50] INA § 237(a)(2)(C), 8 U.S.C. § 1227(a)(2)(C), as amended by the Immigration Act of 1990, Pub. L. No. 101-649, § 602, 104 Stat. 4978, 5077, as further amended by the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. No. 103-416, § 203(b)(1), 108 Stat. 4305, 4311, as redesignated by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) (enacted as Division C of Omnibus Consolidated Appropriations Act, 1997, Pub. L. No. 104-208, § 305(a)(2), 110 Stat. 3009, 3009-597).  The 1994 amendment added the words “attempting or conspiring.”