United States Eleventh Circuit

The INS has not shown by clear and convincing evidence that plaintiff was convicted of a firearms offense, therefore the BIA's finding that he was deportable on the basis of that firearms offense is reversed. (Substituted opinion)

Appellate Information

• Decided 01/29/2004
• Published 01/29/2004

Judges

• KRAVITCH, Circuit Judge:, Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR and KRAVITCH , Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Michael G. Smith (Court-Appointed), Fort Lauderdale, FL, for Petitioner-Appellant.


• For Appellees:
  
• Daniel Meron, Regina Byrd, Ernesto H. Molina, Jr., David V. Bernal, U.S. Dept. of Justice/Civ. Div./OIL, Washington, DC, Edward P. Lazarus, William A. Norris, Akin, Gump, Strauss, Hauer & Feld, LLP, Los Angeles, CA, for Respondents-Appellees.