What is the modified categorical approach to determining if an alien has been convicted of a criminal offence?

The modified categorical approach involves a two-step inquiry. At the first step, the agency must "determine if the [state criminal] statute is divisible, such that some categories of proscribed conduct render an alien removable and some do not." Lanferman v. BIA, 576 F.3d 84, 88-89 (2d Cir. 2009) (internal quotation marks omitted). If the statute is divisible, the agency must proceed to the second step, "consult[ing] the record of conviction to ascertain the category of conduct of which the alien was convicted." Id. at 89 (internal quotation mark omitted).