Gertsenshteyn v. United States Department of Justice

CALABRESI, Circuit Judge:

A flurry of cases have reached this Court recently dealing with how our categorical and modified categorical approaches apply to removal proceedings and what the IJ and BIA may look to when determining whether an alien has been convicted of an “aggravated felony” for the purposes of the Immigration and Nationality Act (“INA”), § 237(a)(2)(A)(iii), 8 U.S.C. § 1227(a)(2)(A)(iii). See, e.g., James v. Mukasey, 522 F.3d 250 (2d Cir.2008); Wala v. Mukasey, 511 F.3d 102 (2d Cir.2007); Dulal-Whiteway v. U.S. Dep’t of Homeland, Security, 501 F.3d 116 (2d Cir.2007). Because the…