GERMAN SANTOS

Citations

• 28 I. & N. Dec. 552

Syllabus

(1) Any fact that establishes or increases the permissible range of punishment for a ‍criminal offense is an \element\ for purposes of the categorical approach, even if the term \element\ is defined differently under State law. Matter of Laguerre, 28 I&N Dec. 437 (BIA 2022), followed. (2) Title 35, section 780-113(a)(30) of the Pennsylvania Consolidated Statutes, which punishes possession with intent to deliver a controlled substance, is divisible with respect to the identity of the controlled substance possessed, and the respondent's conviction under this statute is one for a controlled substance violation under section 237(a)(2)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § ‍1227(a)(2)(B)(i) (2018), under the modified categorical approach.