Matter of BAUTISTA, ID 3730, 25 I&N Dec. 616 (BIA 2011)

"Attempted arson in the third degree in violation of sections 110 and 150.10 of the New York Penal Law is an aggravated felony under section 101(a)(43)(E)(i) of the Immigration and Nationality Act, 8U.S.C. § 1101(a)(43)(E)(i) (2006), even though the State crime lacks the jurisdictional element...

Detention Habeas Victory in Pennsylvania: Bautista v. Sabol

Raymond Lahoud writes: "We had a very good victory today in the MDPA with respect to mandatory detention. This is a case that I have been working on for years and was before the BIA for oral arguments last year. The District Court granted our habeas petition in a strongly worded opinion...

CA3 on Categorical Approach: Bautista v. Attorney General

"We will grant the petition because the New York attempted arson conviction is not an aggravated felony in respect to collateral immigration consequences under the INA. Applying the categorical approach, as we must, the New York statute under which Bautista was convicted does not match the elements...