Third Circuit Appeals Court Finds N.Y. Attempted Arson Not an Aggravated Felony

Aggravated felonies in immigration law are serious criminal offenses that make the offender ineligible for most immigration benefits such as adjustment of status (green card).  Recently the Third Circuit Federal Court of Appeals ruled that the criminal offense of attempted arson in New York is not an aggravated felony.  The court found the absence of the federal jurisdictional element in the New York arson statute exempted it from the definition of an aggravated felony under INA §101(a)(43)(E)(i).