text: petitioner jorge luna torres luna,a lawful permanent resident,pleaded guilty in a new york court to attempted arson.when immigration officials discovered his conviction,they initiated removal proceedings.the immigration judge determined that luna arson conviction was for an aggravated felony and held that luna was therefore ineligible for discretionary relief.the board of immigration appeals affirmed.it found the federal and new york arson offenses to be identical except for the former requirement that the crime have a connection to interstate or foreign commerce.because the federal statute commerce element serves only a jurisdictional function,the board held,new york arson offense is described in the federal statute,i,for purposes of determining whether an alien has been convicted of an aggravated felony.the second circuit denied review.