Gertsenshteyn v. Mukasey, 544 F.3d 137 (2d Cir. Sept. 25, 2008) (federal conviction of violating and conspiring to violate 18 U.S.C. 2422(a), enticing individuals to travel in interstate or foreign commerce to engage in prostitution, did not constitute an aggravated felony under INA 101(a)(43)(K)(ii), 8 U.S.C. 1101(a)(43)(K)(ii) ("an offense that ... is described in section 2421, 2422 or 2423 of Title 18 ... if committed for commercial advantage"), because the government cannot go outside the elements of which the noncitizen was convicted, nor outside the record of conviction; this aggravated felony ground is not a nullity since certain state statutes qualifying under this aggravated felony ground, and, now, one of the federal statutes listed, do have commercial advantage as an element and the record of conviction may contain proof of this element).