quick reference chart and annotations for determining immigration ...

Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,
Maricopa County Public Defender August 2012
See ARS § 13-1704.
40. Burning of wildlands, ARS § 13-1706
A. It is unlawful for any person, without lawful authority, to intentionally, knowingly, recklessly or with
criminal negligence to set or cause to be set on fire any wildland other than the person's own or to permit
a fire that was set or caused to be set by the person to pass from the person's own grounds to the grounds
of another person….
C. A person who violates this section is guilty of an offense as follows:
1. If done with criminal negligence, the offense is a class 2 misdemeanor.
2. If done recklessly, the offense is a class 1 misdemeanor.
3. If done intentionally or knowingly and the person knows or reasonably should know that the person's
conduct violates any order or rule that is issued by a governmental entity and that prohibits, bans, restricts
or otherwise regulates fires during periods of extreme fire hazard, the offense is a class 6 felony.
4. If done intentionally and the person's conduct places another person in danger of death or serious
bodily injury or places any building or occupied structure of another person in danger of damage, the
offense is a class 3 felony.
Summary: This is a good alternative to arson under §§ 13-1703, 13-1704, and 13-1705 if
counsel can plead to a reckless or negligent mens rea. Otherwise, client may be better off with § 13-1703.
Arson of a Structure or Property.
Crime Involving Moral Turpitude (CMT): The government will likely charge this as a CIMT,
saying it matches the definition of “arson.” See § 13-1703, CMT. However, immigration counsel has a
good argument if the mens rea is recklessness or negligence. See Matter of Fualaau, 21 I&N 475 (BIA
1996); Matter of Sweetster, 22 I&N Dec. 709 (BIA 1999).
Aggravated Felony: If counsel pleads to a mens rea of negligence or recklessness under C1 or
C2, this should not be considered an aggravated felony as a “crime of violence.” See Fernandez-Ruiz v.
Gonzales, 466 F.3d 1121 (9th Cir. 2006) (en banc); Leocal v Ashcroft, 125 S.Ct. 377 (2004). A plea to
C3 will likely be found an aggravated felony under 8 U.S.C. § 1101(a)(43)(E)(i) regardless of the length
of sentence. Matter of Bautista, 25 I&N Dec. 616 (BIA 2011) (conviction under a New York arson statute
was an offense “described in” 18 U.S.C. § 844(i) even though it lacked an element of interstate commerce
since such an element was purely jurisdictional). Since § 1101(a)(43)(E)(i) does not require a sentence of
365 days, any conviction under C3 could be an aggravated felony even with a sentence of less than one
year. A sentence of one year or more will also trigger an aggravated felony as a crime of violence. See,
e.g., Matter of Palacios-Pinera, 22 I&N Dec. 434 (BIA 1998) (intentionally damaging property by
starting a fire or causing an explosion). See § 13-1704.
41. Theft, ARS §13-1802
A. A person commits theft if, without lawful authority, the person knowingly:
1. Controls property of another with the intent to deprive the other person of such property;
2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or
placed in the defendant's possession for a limited, authorized term or use; or
3. Obtains services or property of another by means of any material misrepresentation with intent to
deprive the other person of such property or services; or
Arizona Criminal Chart with Explanatory Endnote – August 2012
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