(A)  Property.  While 18 U.S.C. § 16 includes offenses involving violence against property,[448] within the aggravated felony immigration definition of crime of violence, another definition, applied in the illegal re-entry sentencing context, applies only to crimes involving violence against persons.  See § 19.22, supra.

[448] See, e.g., Matter of Palacios-Pinera, 22 I. & N. Dec. 434  (BIA Dec. 18, 1998) (en banc) (Alaska conviction of arson in the first degree under section 11.46.400 of the Alaska Statutes, with a seven-year sentence, was a “crime of violence” and therefore an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F)).

Fifth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - ROBBERY
United States v. Tellez-Martinez, 517 F.3d 813 (5th Cir. Feb. 19, 2008) (California conviction of robbery, in violation of Penal Code 211, constitutes a crime of violence for sentencing purposes, rejecting argument that the state conviction does not constitute a crime of violence because it may be violated not only by the use of force but also by threats to property: "Although Tellez maintains that a conviction under the California robbery statute is not a crime of violence because the statute criminalizes threats to property as well as persons, his assertion is based on a misunderstanding of the essential language of the statute defining robbery as a crime committed: (1) directly against the victim or in his presence; and (2) against his will. Like the Texas statute at issue in Santiesteban-Hernandez, the California robbery statute involves the misappropriation of property under circumstances involving danger to the person. 469 F.3d at 380. Regardless of how the robbery occurs, that danger is inherent in the criminal act. Thus, even when the statute is violated by placing the victim in fear of injury to property, the property has been misappropriated in circumstances "involving [immediate] danger to the person." Id. (alteration in original).").).

Ninth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - ARSON
Jordison v. Gonzales, 501 F.3d 1134 (9th Cir. Sept. 4, 2007) (California conviction of arson, in violation of Penal Code 452(c) ("recklessly set[ting] fire to . . . a structure or forest land"), was not a "crime of violence" under 18 U.S.C. section 16(b) for purposes of triggering deportation as an aggravated felony under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), since offense may be committed by setting fire to ones own property).

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).