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Cases
For all of these cases, first ask why it makes a difference whether a particular conviction is classified in a particular way, ie, why the classification is consequential. Then consider the factors that go into the decision as to whether to use a categorical, a modified categorical, or a circumstance-specific test.
For purposes of the categorical test, a "generic crime" has to be identified in order to test whether all applications of the state crime at issue would comprise the generic crime, in which case there is a "match" and the state criminal convictioon qualifies under the relevant deportability ground. "Generic crimes" came be defined either in historical, common law terms (eg, "burglary" includes an element of breaking and enetering) or in terms of federal statutory definitions (eg, controlled substance offenses are defined to include only those substances defined as such in the federal Controlled Substances Act).
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