Bd. erred in finding that alien (citizen of Mexico) was required to be removed under 8 USC sections 1227(a)(2)(A)(iii) and 1229b(a)(3) without any possibility of discretionary relief from removal due to alien’s prior Illinois conviction for felon in possession of weapon under 720 ILCS 5/24-1.1(a), which Bd. found to be qualifying “aggravated felony.” Said conviction did not qualify as aggravated felony, where: (1) said conviction could be established through possession of air gun; and (2) air gun, or any other pneumatic weapon, was not “firearm” under federal law. As such, remand was required for Bd. to consider whether removal proceeding should be dismissed outright, as well as any claim for discretionary relief from removal that would allow Bd. to consider fact that alien’s conviction actually involved weapon that would qualify as firearm.
Federal 7th Circuit Court
Civil Court
Immigration