GERTSENSHTEYN

Citations

• 24 I. & N. Dec. 111

Syllabus

GERTSENSHTEYN, 24 I&N Dec. 111 (BIA 2007) ID 3556 (PDF) (1) The categorical approach to determining whether a criminal offense satisfies a particular ground of removal does not apply to the inquiry whether a violation of 18 U.S.C. § 2422(a) was committed for \commercial advantage\ and thus qualifies as an aggravated felony under section 101(a)(43)(K)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(K)(ii) (2000), where \commercial advantage\ is not an element of the offense and the evidence relating to that issue is not ordinarily likely to be found in the record of conviction. (2) The respondent's offense was committed for \commercial advantage\ where it was evident from the record of proceeding, including the respondent's testimony, that he knew that his employment activity was designed to create a profit for the prostitution business for which he worked.