In a published decision released this week, the BIA held that the burden of showing that a firearm qualifies as an “antique” firearm rests on the non-citizen. Matter of Mendez-Orellana, 25 I&N Dec. 254, 256 (BIA 2010) (Grant, Malphrus, and Mullane). An antique firearm cannot serve as the basis for removal under the firearms offense ground of removability.

Id. (discussing Matter of Mendez-Orellana, 25 I&N Dec. 254, 255-56 (BIA 2010)). Chairez failed to do so, thus the Board concluded that the IJ correctly determined that this was a firearms offense for immigration law purposes.