In Espinal-Andrades v. Holder, the Fourth Circuit addressed whether a conviction for first-degree arson in Maryland qualifies as an arson aggravated felony.  Espinal-Andrades argued that her state conviction was not a categorical match to the federal generic definition of arson because it was missing the jurisidictional requirement that the destroyed property be "used in interstate or
foreign commerce."  The Fourth Circuit deferred to the contrary Board of Immigration Appeals' decisions in Matter of Bautista and Matter of Vasquez-Muniz, and found that this jurisdictional element is not required in a state conviction.  Thus, Maryland's first-degree arson statute categorically matches the federal generic definition of an arson aggravated felony.


The full text of the decision can be found here: