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GERTSENSHTEYN v. U.S. DEPT. OF JUSTICE

Docket No. 07-1183-ag.

544 F.3d 137 (2008)

Boris Izraylovich GERTSENSHTEYN, Petitioner, v. UNITED STATES DEPARTMENT OF JUSTICE, Michael B. Mukasey, Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: September 25, 2008.

Attorney(s) appearing for the Case

Jesse Lloyd, Neil A. Weinrib & Associates, New York, N.Y., for Petitioner.

Andrew M. McNeela, Assistant United States Attorney (Ross E. Morrison, Of Counsel), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, N.Y., for Respondent.

Before: CALABRESI and B.D. PARKER, Circuit Judges, and UNDERHILL, District Judge.

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,

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