POUGATCHEV

Cite as

28 I&N Dec. 719

(BIA 2023) Interim Decision #4063 Matter of POUGATCHEV, Respondent Decided May 22, 2023 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) A conviction for burglary of a building under section 140.25(1)(d) of the New York Penal Law is not categorically an aggravated felony burglary offense under section 101(a)(43)(G) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(G) (2018), because the statute is overbroad and indivisible with respect to the definition of “building” under New York law. (2) A conviction for…