Gertsenshteyn v. Mukasey, 544 F.3d 137 (2d Cir. Sept. 25, 2008) ("We have adopted a "categorical approach" to deciding whether a crime of conviction fits within the definition of "aggravated felony" in 1101(a)(43), thereby rendering an alien removable under 1227(a)(2)(A)(iii). Santos v. Gonzales, 436 F.3d 323, 325 (2d Cir.2006) (per curiam). Under this approach, which is sometimes called the Taylor-Shepard approach, after Taylor v. United States, 495 U.S. 575 (1990), and Shepard v. United States, 544 U.S. 13 (2005), "the singular circumstances of an individual petitioner's crimes should not be considered, and only the minimum criminal conduct necessary to sustain a conviction under a given statute is relevant[.]"Dalton v. Ashcroft, 257 F.3d 200, 204 (2d Cir.2001) (alteration in original) (internal quotation marks and citation omitted). In other words, "[w]e look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to petitioner's crime. " Dulal-Whiteway, 501 F.3d at 121 (quoting Canada v. Gonzales, 448 F.3d 560, 565 (2d Cir.2006)). We have, however, modified this approach in one respect: When "a criminal statute encompasses diverse classes of criminal acts-some of which would categorically be grounds for removal and others of which would not-we have held that [the] statute[ ] can be considered divisible "; the agency may then "refer[ ] to the record of conviction for the limited purpose of determining whether the alien's conviction was under the branch of the statute that permits removal." Dickson v. Ashcroft, 346 F.3d 44, 48-49 (2d Cir.2003). While we have yet to determine how to utilize this approach in all situations, see, e.g., Dulal-Whiteway, 501 F.3d at 124-29 (noting that "we have not explicitly queried" how to approach statutes "where only one type of generic conduct ... is proscribed, but an alien can commit the conduct both in ways that would render him removable ... and in ways that would not"), its application to cases involving removal under 8 U.S.C. 1227(a)(2)(A)(iii) remains the law of our Circuit.")