Tsa

ORDER

Leonard Concepcion petitions for review of the Transportation Security Administration’s (“TSA”) final order disqualifying him from serving as a flightcrew member pursuant to 49 U.S.C. § 44936 (b)(l)(B)(xiv)(V) and 49 C.F.R. § 1544.229 (d)(26)(v), (28). We have jurisdiction pursuant to 49 U.S.C. § 46110 (a), and we grant the petition and remand to the TSA for further proceedings.

The TSA disqualified Petitioner after concluding that his conviction for “[cjonspiracy to Launder Money is a crime of dishonesty, fraud, or misrepresentation under [ 49 C.F.R. § 1544.229 (d)(26)(v), (28)].” The final order fails to clarify whether the TSA applied the categorical approach in determining whether Petitioner’s conviction qualified as a crime involving dishonesty, or whether the TSA instead relied on facts underlying Petitioner’s conviction. Either way, the petition must be granted.

In Moncrieffe v. Holder, — U.S.-, 133 S.Ct. 1678, 1690 , 185 L.Ed.2d 727 (2013), the Supreme Court explained that, when “the relevant ... provision[ ] ask[s] what the [petitioner] was ‘convicted of,’ not what he did, ... the inquiry in [agency] proceedings is limited accordingly.” In other words, when…