Luna Torres v. Lynch

Background

A long-time lawful permanent resident, Jorge Luna Torres, pleaded guilty in New York to third-degree attempted arson. Immigration officials later treated that conviction as an "aggravated felony" because the INA lists a federal arson statute (18 U.S.C. § 844(i)) among crimes that trigger automatic deportation and loss of certain relief. The New York law matches the federal statute in its substantive elements except that it does not include the federal requirement that the property be used in interstate commerce.

Reasoning

The Court addressed whether a state crime that matches the substance of a listed federal offense—but lacks the federal law’s interstate-commerce requirement—still counts as an aggravated felony. The majority relied on § 1101(a)(43)’s language saying listed offenses count “whether in violation of Federal or State law” and on a common judicial practice of treating interstate-commerce clauses as jurisdictional technicalities rather than substantive elements. The Court concluded that the interstate-commerce element is immaterial for this comparison and that the New York arson therefore is “described in” the federal arson provision. The Second Circuit’s judgment was affirmed.

Real world impact

The decision means more state convictions that mirror listed federal crimes can trigger deportation and bar discretionary relief such as cancellation of removal for lawful permanent residents. The ruling applies where the state law aligns with the federal statute’s substantive elements even if it omits the interstate-commerce requirement. The result can immediately affect people with older or minor state convictions.

Dissents or concurrances

A dissent argued the ordinary method requires an exact element-for-element match, warned the majority’s reading expands aggravated-felony coverage, and emphasized statutory text and INA structure supporting a narrower rule.