Sakhi

MEMORANDUM *

Petitioner Mohammad Homayon Sakhi (“Sakhi”) seeks review of his final order of removal. The government asserts that this court lacks jurisdiction to review his petition because Sakhi’s conviction for second degree arson constitutes an “aggravated felony.” 8 U.S.C. § 1101 (a)(43)(F). Assuming, as petitioner’s counsel conceded at oral argument, that second degree arson is a “crime of violence” involving the use of force against persons or their property, 18 U.S.C. § 16 , we believe the record is ambiguous with respect to whether or not Sakhi received a sentence of more than one year. Sakhi was initially sentenced to 9 months in jail on the arson charge, and also, on the same day and as part of the same case, received a 12-month suspended sentence on a misdemeanor harassment charge. The court later issued an Order Modifying Sentence which ordered him to serve an additional 105 days; it is not clear, however, whether this modification was related to the arson or the harassment charge.

Reaching Sakhi’s claims on the merits, we conclude that Sakhi cannot prevail. As Sakhi conceded below, even if not an aggravated felony, his arson constitutes a crime of moral turpitude…