Aspilaire v. U.S. Attorney General, No. 19-12605 (11th Cir. 2021)
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A Florida conviction for being a felon in possession of a firearm, Fla. Stat. 790.23(1)(a), is categorically an aggravated felony under the Immigration and Nationality Act, 8 U.S.C. 1101(a)(43)(E)(ii).
The Eleventh Circuit denied the petition for review challenging the BIA's removal based on petitioner's Florida felon-in-possession conviction. The court concluded that petitioner is not entitled to relief based on exemplar prosecutions. In this case, petitioner does not assert that his own felon-in-possession conviction involved an antique firearm, but he does point to exemplar prosecutions that he says establish that Florida actually prosecutes felons for possession of federal antique firearms. However, petitioner does not point to exemplar prosecutions of felons for mere possession of federal antique firearms nor for possessing black-powder muzzleloaders. Furthermore, Florida's felon-in-possession statute is not broader than the federal statute on its face and thus petitioner is not entitled to relief based on the statutory language.
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