United States Second Circuit

In this removal action against petitioner, a lawful permanent resident of the United States convicted of attempted arson in the third degree in violation of New York state law, petition to review judgment finding that petitioner’s conviction was an "offense described in" 18 U.S.C. section 844(i) and constitution an "aggravated felony" rendering him ineligible for cancellation of removal is denied, where, under Chevron, the Court must defer to the determination of the Board of Immigration Appeals that a state law offense need not contain a federal jurisdictional element in order to qualify as an "offense described in" section 844(i).

Appellate Information

• Decided 08/20/2014
• Published 08/20/2014

Judges

Court

• United States Second Circuit

Counsel