The Second Circuit has determined that a conviction for second-degree conspiracy to commit second-degree murder in New York constitutes an aggravated felony.
The Court noted that NYPL § 105.15 is not a categorical match to the federal definition of conspiracy, because under New York law, a person is guilty of conspiracy in the second degree when, with intent that conduct constituting a Class A felony be performed, he agrees with one or more persons to engage in or cause the performance of such conduct. The INA’s definition of conspiracy, however, requires that the conspiracy be to commit an “aggravated felony.” Because not all Class A felonies in New York are aggravated felonies, NYPL § 105.15 is not categorically an aggravated felony under the INA.
Nevertheless, the court went on to determine whether the “object crime” charged is an aggravated felony. "[W]here the judgment reflects only the statute for the inchoate offense, the agency may turn to the record of conviction to determine the object offense.” The court then concluded that New York second-degree murder is a categorical match to the federal definition of murder.
The full text of Santana-Felix v. Barr can be found here: