CA11 on Divisibility: Simpson v. Atty. Gen.

Simpson v. Atty. Gen.

"Applying the categorical approach, we hold that Mr. Simpson’s conviction for a violation of § 790.23(1)(a) does not constitute a firearm offense under § 1227(a)(2)(C) of the INA and its cross-reference to the definition of a firearm in § 921(a)(3).  We grant Mr. Simpson’s petition. The BIA’s decision deeming Mr. Simpson removable under 8 U.S.C. § 1227(a)(2)(C) of the INA, based on his conviction for a violation of Fla. Stat. § 790.23(1)(a), is vacated. PETITION GRANTED."

[Hats off to appointed counsel Christopher Bellows!]