(A)  Aggravated Felonies.

 

The statute includes as an aggravated felony “a crime of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense) for which the term of imprisonment [is] at least one year.”[150]  This section includes crimes against property, as well as crimes against the person.

 

Fifth Circuit:

 

United States v. Landeros-Gonzales, 262 F.3d 424 (5th Cir. Aug. 14, 2001) (Texas conviction for violation of “criminal mischief” statute, for the intentional marking of another’s property, in violation of Texas Penal Code § 28.03(a)(1-3), was not a “crime of violence” and, consequently, was not an “aggravated felony” under 8 U.S.C. § 1101(a)(43)(F) that warranted an enhanced sentence under U.S.S.G. § 2L1.2 for illegal re-entry, since it does not “by its nature, involve[] a substantial risk that physical force against the person or property of another may be used in the course of committing the offense” under 18 U.S.C. § 16(b)).

[150] INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F).  See N. Tooby, Aggravated Felonies § § 5.13-5.15, Crimes of Violence (2003).

Ninth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - ARSON - SAFE HAVEN - CRIME OF VIOLENCE - OFFENSE MUST BE AGAINST PERSON OR PROPERTY OF ANOTHER
Jordison v. Keisler, 501 F.3d 1134 (9th Cir. Sept. 4, 2007, amended Oct. 30, 2007) (California conviction for "recklessly set[ting] fire to ... a structure or forest land" in violation of Penal Code 452(c) is not categorically an aggravated felony "crime of violence" for purposes of removal since the offense may be committed by burning the defendant's own land or structure whereas a crime of violence is one that involves violence or potential violence against the person or property of others).