Stubbs v. Attorney General, ___ F.3d ___, 2006 WL 1776462 (3d Cir. Jun. 29, 2006) (New Jersey conviction for "endangering welfare of children" under N.J. Stat. Ann. 2C:24-4(a) (who engages in sexual conduct that would impair morals of child under 16 or who causes child harm that would make child an abused or neglected child under New Jersey law) is under a divisible statute that includes multiple offenses, and thus invites consideration of the record of conviction).
http://caselaw.lp.findlaw.com/data2/circs/3rd/044316p.pdf

Although coming to a positive conclusion, the methodology applied by the Third Circuit in this case is arguably incorrect. The court first found that N.J. Stat. Ann. 2C:24-4(a) is divisible as a disjunctive statute, containing a set of elements requiring sexual conduct, and a second set of elements not requiring sexual conduct. Recognizing that the documents in the record of conviction are only referenced where a statute is divisible, the court then looked to the charging documents.

However, in this case the court found that the "sexual" portion of the statute was categorically not an aggravated felony, since the minimum conduct punishable under that portion of the statute does not require sexual contact with a child, and thus cannot constitute sexual abuse of a minor. The court could (and should) have reached this conclusion before making reference to the record of conviction.