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 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
8 U.S.C. § 1229a Cited 6,433 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”