Legal Opinion

ORTEGA-QUEZADA

Board of Immigration Appeals

Decided July 28, 2022No. ID 4049Published

1Opinion of the Court

Cite as

28 I&N Dec. 598

(BIA 2022) Interim Decision #4049 Matter of Ubaldo ORTEGA-QUEZADA, Respondent Decided July 28, 2022 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals The respondent’s conviction for unlawfully selling or otherwise disposing of a firearm or ammunition in violation of 18 U.S.C. § 922(d) (2018) does not render him removable as charged under section 237(a)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(C) (2018), because § 922(d) is categorically overbroad and indivisible relative to the definition of a…

2Cases cited19 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blockburger v. United StatesSupreme Court of the United States · 1931
  3. Alleyne v. United StatesSupreme Court of the United States · 2013
  4. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  5. Mathis v. United StatesSupreme Court of the United States · 2016

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