The Ninth Circuit has determined that a California arson conviction is overbroad and indivisible compared to the arson aggravated felony ground because the mens rea is broader in the California law than the federal law. “[T]o be convicted under § 844(i), a defendant need not have intended to damage or destroy property covered by the statute. But he must at least have engaged in an intentional act that resulted in damage to or destruction of such property, and in doing so, he must have been subjectively aware of the risk that his actions would result in that harm. By contrast, a defendant may be convicted under California Penal Code § 451(b) for engaging in an intentional act that results in the burning of an inhabited structure or property even if he was not subjectively aware of the risk that his actions would result in that harm.”
The full text of Togonon v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2022/01/10/19-71693.pdf