Matter of Mendez-Orellana

8 Cited authorities

U.S. v. Lawrence
349 F.3d 109 (3d Cir. 2003) Cited 118 times 1 Legal Analyses
Holding that a lineup where the defendant was the only one pictured shirtless and wearing jewelry, when jewelry was part of the description of the assailant, did not deny due process because the totality of the circumstances established the reliability of the identification
United States v. Mayo
705 F.2d 62 (2d Cir. 1983) Cited 59 times
Holding that the defendant bore the burden of proving a gun's antique status in part because dealers or collectors of antique guns are “in a better position to place the [antique-gun] exception in issue”
U.S. v. Smith
981 F.2d 887 (6th Cir. 1992) Cited 36 times
Holding "the `antique firearms' exception is an affirmative defense which must be raised by a criminal defendant"
United States v. Laroche
723 F.2d 1541 (11th Cir. 1984) Cited 27 times
Holding "the antique weapons exception is in essence an affirmative defense that must be raised by the defendant before the burden shifts to the government to disprove its applicability"
U.S. v. Washington
17 F.3d 230 (8th Cir. 1994) Cited 14 times 1 Legal Analyses
Holding that once defendant produces evidence sufficient to raise a genuine dispute over whether firearm is an antique, the government must prove otherwise beyond a reasonable doubt
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 7,882 times 40 Legal Analyses
Granting this discretion to the Attorney General
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,282 times 8 Legal Analyses
Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”
Section 921 - Definitions
18 U.S.C. § 921 Cited 4,065 times 36 Legal Analyses
Adopting this definition

Matter of Mendez-Orellana

8 Cited authorities

Holding that a lineup where the defendant was the only one pictured shirtless and wearing jewelry, when jewelry was part of the description of the assailant, did not deny due process because the totality of the circumstances established the reliability of the identification

Holding that the defendant bore the burden of proving a gun's antique status in part because dealers or collectors of antique guns are “in a better position to place the [antique-gun] exception in issue”

Holding "the `antique firearms' exception is an affirmative defense which must be raised by a criminal defendant"

Holding "the antique weapons exception is in essence an affirmative defense that must be raised by the defendant before the burden shifts to the government to disprove its applicability"

Holding that once defendant produces evidence sufficient to raise a genuine dispute over whether firearm is an antique, the government must prove otherwise beyond a reasonable doubt

Granting this discretion to the Attorney General

Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

Adopting this definition