A conviction for third-degree promotion of prostitution under New York state law does not warrant an immigrant’s removal from the United States, a federal appeals court ruled yesterday.
The U.S. Court of Appeals for the Second Circuit found that promotion of prostitution in the third degree is not an “aggravated felony” under the Immigration and Nationality Act §101(a)(43)(K)(i). It based its decision on New York’s broader definition of prostitution as including acts for money other than sexual intercourse.
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