Santana v. Holder, No. 10-2307 (2d Cir. 2013)
Annotate this CasePetitioner, convicted in state court of attempted arson in the second degree in violation of New York law, petitioned for review of the BIA's order affirming the IJ's finding that he was removable and ineligible for cancellation of removal. The court held that the attempted arson in the second degree was a felony that, by its nature, involved a substantial risk of the intentional use of physical force against the person or property of another. Therefore, attempted arson in the second degree was a crime of violence under 18 U.S.C. 16(b), and an aggravated felony under the Immigration and Nationality Act, 8 U.S.C. 101(a)(43)(F), (U). Therefore, the court lacked jurisdiction and dismissed the petition for review.
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