Parting with one sister court but joining four others, the U.S. Court of Appeals for the Second Circuit has found that a noncitizen’s state felony need not include a federal jurisdictional element to qualify as a deportable offense.
At issue in Torres v. Holder, 13-2498, was whether an attempted arson committed 15 years ago by a lawful permanent resident of the U.S. subjects him to removal to his native Dominican Republic.
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