Immigrant’s Arson Issue Taken Up by High Court

WASHINGTON (CN) - The Supreme Court agreed Monday to decide whether an attempted-arson conviction prohibits an immigrant from canceling his deportation.

Jorge Luna Torres became a lawful permanent resident of the United States after leaving his homeland in the Dominican Republic.

He served one day in prison after a New York court convicted him in 1999 of third-degree attempted arsonin

With a U.S. immigration judge having found that his conviction constituted an "aggravated felony," Luna was ineligible to cancel his removal from the country.

The Board of Immigration Appeals affirmed, and the Second Circuit refused to intervene, deferring to the agency's finding that a state-law offense need not contain a federal jurisdictional element to qualify as an "offense described in" Section 844(i) of Title 18, thus constituting an aggravated felony.

Per its custom, the U.S. Supreme Court issued no comment Monday in granting Luna a writ of certiorari.

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Email *

Submit