Luna Torres v. Lynch

Any alien convicted of an “aggravated felony” after entering the U.S. is deportable, ineligible for several forms of discretionary relief, and subject to expedited removal, 8 U.S.C. 1227(a)(2)(A)(iii), (3). An “aggravated felony” is defined as any of numerous offenses listed in Section 1101(a)(43), each of which is typically identified either as an offense “described in” a specific federal statute or by a generic label (e.g., murder); the penultimate sentence states that each enumerated crime is an aggravated felony irrespective of whether it violates federal, state, or foreign law. Luna, a lawful permanent resident, pleaded guilty in New York to attempted third-degree arson. An Immigration Judge determined that Luna’s arson conviction was for an “aggravated felony” and that Luna was ineligible for discretionary relief. The Board of Immigration Appeals affirmed. The Second Circuit denied review. The Supreme Court affirmed. A state offense counts as a Section 1101(a)(43) “aggravated felony” when it has every element of a listed federal crime except one requiring a connection to interstate or foreign commerce.; state crimes do not need a “jurisdictional hook.” Congress meant the term “aggravated felony” to capture serious crimes regardless of whether they are made illegal by the federal government, a state, or a foreign country. It is implausible that Congress viewed the presence of an interstate commerce element as separating serious from nonserious conduct. View "Luna Torres v. Lynch" on Justia Law