The BIA has published a new decision on the federal statute barring possession of ammunition by a convicted felon.
In Matter of Oppedisano, the BIA held that a conviction under 18 U.S.C. § 922(g) for unlawful possession of ammunition by a convicted felon is an aggravated felony under section 101(a)(43)(E)(ii) of the Immigration and Nationality Act.
This should not come as a surprise. Since 101(a)(43)(E)(ii) actually lists 18 U.S.C. § 922(g) as an example of a crime “relating to firearms offenses,” the Board’s decision really just upholds a plain reading of the statute. One might wonder why a published decision was needed at all.
In his appeal, the immigrant had argued that the “relating to firearms” language was a limitation, and a conviction for possession of ammunition was not a conviction for possession of a firearm. The Board disagreed, holding instead that a conviction for possessing ammunition was “related” to firearms and thus was an aggravated felony.