text: the board of immigration appeals board affirmed,based on a comparison of the federal and new york arson statutes.see,at.the ina,as just noted,provides that an offense described in i,the federal arson and explosives statute,is an aggravated felony.section i,in turn,makes it a crime to maliciously damage or destroy,or attempt to damage or destroy,by means of fire or an explosive,any building or vehicle used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce.for its part,the new york law that luna was convicted under prohibits intentionally damag ing,or attempting to damage,a building or motor vehicle by starting a fire or causing an explosion.penal law ann,west.the state law,the board explained,thus matches the federal statute with one exception the new york law does not require a connection to interstate commerce.according to the board,that single difference did not matter because the federal statute commerce element is jurisdictional that is,its function is to establish congress power to legislate.see app.to pet for cert.given that the two laws substantive,elements map onto each other,the board held,the new york arson offense is described in i.