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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...

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...

Unpub. BIA on CIMT, Arson: Matter of Hernandez-Hernandez

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding fourth degree arson under N.Y.P.L. 150.05 not to be a categorical crime involving moral turpitude because perpetrators need have a specific intent to damage property. The...

Burning Down the House: Circuits Split on Arson - Isaacson

"The lyrics of the Talking Heads song “Burning Down the House” do not mention whether the house in question was involved in commerce. According to Jones v. United States , 529 U.S. 848 (2000) , however, arson of “an owner-occupied residence not used for any commercial purpose”...

Supreme Court, 5-3, Rules Against Immigrant - Luna Torres v. Lynch

Luna Torres v. Lynch, May 19, 2016 - KAGAN, J., delivered the opinion of the Court, in which ROBERTS, C. J., and KENNEDY, GINSBURG, and ALITO, JJ., joined. SOTOMAYOR, J., filed a dissenting opinion, in which THOMAS and BREYER, JJ., joined. Opinion : "We have little doubt that “Congress...