Offense
Possess flammable material with intent to burn
Aggravated Felony (AF)
Should not be an AF, but try to get less than 365. See Advice.
Crime Involving Moral Turpitude (CIMT)
Assume a CIMT
Other Removal Grounds
No other removal ground.
Advice and Comments
AF: It appears that possession or disposal of flammable materials is not analogous to an offense at 8 USC 1101(a)(43)(E)(i) and thus is not an AF as arson.
It should not be an AF as a COV because, among other reasons, possession with intention is not equivalent to attempt, use, or threat of force, which is required in 18 USC 16(a). But to surely avoid an AF as a COV, get 364 days or less on each count. See § N.4 Sentence. See also PC 451, as well as alternatives such as, e.g., PC 32, 459, 594, which could be coupled with H&S C 13001 – but if D was not admitted to the US, watch out for LRA Mandatory Detention on burglary.
Mandatory Detention: People not admitted to U.S. are subject to MD if they are inadmissible for crimes, and people admitted to the U.S. are subject to MD if they are deportable for certain crimes. See advice on Mandatory Detention.
SB54: LEA is permitted to notify/transfer to ICE for 15 years for felony 453 and for 5 years for misdemeanor 453. See SB 54 advisory at www.ilrc.org/crimes-summaries.