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,1PC 453, possession of flammable material with intent to burn structure or property, is not attempted arson. See People v. Morse, 116 Cal. App. 4th 1160, 1165–66 (2004). Likewise it could not be an attempted crime of violence. See also PC 455, attempted arson. 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.