Nikolay N. Bondarenko petitions for review of the Board of Immigration Appeals’ dismissal of his appeal from an Immigration Judge’s decision ordering him removed. Using the modified categorical approach, see Li v. Ashcroft, 389 F.3d 892, 895-96 (9th Cir.2004), and considering the Criminal Information, which was incorporated by reference in the Memorandum of Plea Agreement, see United States v. Hernandez-Hernandez, 431 F.3d 1212, 1217-18 (9th Cir.2005) (<HOLDING>), it is apparent that Bondarenko used violent
holding that application of the modified categorical approach did not establish a covered conviction where the judgment of conviction did not contain the factual basis for the crime holding that a district court cannot use the psrs factual statements when applying the modified categorical approach holding that a court determining the character of an underlying crime using the modified categorical approach may consider inter alia the charging document and written plea agreement holding that courts may consider a plea agreement and other documents contained in the record of conviction when applying the modified categorical approach holding modified categorical approach unavailable where the statute of conviction was missing an element of the generic definition