Lanferman v. Board of Immigration Appeals

The pertinent section of the Immigration and Nationality Act (“INA”) provides that “[a]ny alien who at any time after admission is convicted under any law of .... using ... a firearm... (as defined in section 921(a) of title 18) in violation of any law is deportable.” 8 U.S.C. § 1227(a)(2)(C); see 18 U.S.C. § 921(a)(3) (“firearm” includes any weapon, other than an antique, that is “designed to ... expel a projectile by the action of an explosive”). Under federal law, using a firearm includes displaying the firearm in relation to a predicate offense. See, e.g., Bailey v. United States, 516…