PRUS V. HOLDER

2nd Circuit

Prus v. Holder (2nd Cir., September 28, 2011)

Calabresi, Wesley, Lynch (per curiam)

Summary: The Second Circuit held that petitioner’s New York State offense of promoting prostitution in the third degree (N.Y. Penal Law § 20.00 and 230.25) did not constitute an aggravated felony under 8 U.S.C. § 1101(a)(43(K)(i) and thus petitioner was not removable.  The Court found that term “prostitution” was defined more broadly than the federal definition applicable to the INA and thus petitioner’s conduct did fall within the conduct deemed an “aggravated felony” under § 1101(a)(43(K)(i).

Read the opinion here.