Weiland v. Lynch, No. 14-3631 (2d Cir. 2016)
Annotate this CasePetitioner, a citizen of Germany, seeks review of the BIA's dismissal of his appeal from the IJ's order of removal. Petitioner argued that his conviction for possession of child pornography under New York Penal Law 263.11 does not qualify as an aggravated felony under the Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(43)(I), because it lacks an interstate commerce element that is present in the analogous federal child pornography statute. The court rejected petitioner's argument, concluding that the Supreme Court held in Torres v. Lynch that violation of a state criminal law may constitute an aggravated felony for purposes of the INA even if the law lacks a federal jurisdictional element. Accordingly, the court denied the petition for review.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.