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TORRES v. HOLDER

Docket No. 13-2498.

764 F.3d 152 (2014)

Jorge Luna TORRES, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: August 20, 2014.

Attorney(s) appearing for the Case

Matthew L. Guadagno , New York, N.Y., for Petitioner.

Rebecca Hoffberg Phillips , Trial Attorney ( Stuart F. Delery , Assistant Attorney General; William C. Peachey , Assistant Director; Brianne Whelan Cohen , Acting Senior Litigation Counsel, on the brief), Civil Division, U.S. Department of Justice, Washington, DC, for Respondent.

Before: SACK, RAGGI, and CHIN, Circuit Judges.

SACK, Circuit Judge:

We consider on this appeal whether a conviction under New York Penal Law §§ 110 and 150.10 for attempted arson in the third degree constitutes an "aggravated felony" under the Immigration and Nationality Act ("INA"). See 8 U.S.C. § 1101(a)(43)(E)(i). Answering this question requires us to decide whether this state crime, which lacks a federal jurisdictional element, is an "offense described in" 18 U.S.C. § 844(i), the...

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