Is there a categorical match between the federal and state criminal statutes?

However, the lack of a categorical match between the state and federal statutes does not end the inquiry. Where there is not a categorical match, the agency or reviewing court must determine whether the statute of conviction is divisible, i.e., whether it encompasses some criminal acts that fall within the federally defined offense and others that do not. Abimbola v. Ashcroft, 378 F.3d 173, 177 (2d Cir. 2004). If the state statute contains a "list of alternative elements" that create separate crimes,

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