Resurreccion

MEMORANDUM **

Cesar Basa Resurrección, a permanent resident of the United States and a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ decision that his 1991 conviction for transportation of counterfeited securities under 18 U.S.C. § 2314 was an offense “relating to counterfeiting” and therefore qualified as an aggravated felony under 8 U.S.C. § llOKaJ^XR). 1 Based on its conclusion that Resurrección was convicted of an aggravated felony, the BIA determined that he was statutorily ineligible for a waiver of inadmissibility and cancellation of removal. Because a conviction under 18 U.S.C. § 2314 is not categorically for an offense relating to counterfeiting and, under the modified categorical approach, the record in this case does not demonstrate unequivocally that the jury was required to find the requisite elements for an offense relating to counterfeiting, we grant the petition.

The Immigration and Nationality Act defines “aggravated felony” as, inter alia, an “offense relating to ... counterfeiting ... for which the term of imprisonment is at least one year.” 8 U.S.C. § 1101 (a)(43)(R). Resurrección was convicted under 18…