McAllister v. United States Atty Gen., 444 F.3d 178 (3d Cir. Apr. 10, 2006) (for purposes of jurisdictional bar at 8 U.S.C. section 1252(a)(2)(C), a noncitizen is not "removable for reason of having committed [an enumerated] criminal offense" unless the final order of removal is grounded, at least in part, on one of those enumerated offenses).
http://caselaw.lp.findlaw.com/data2/circs/3rd/034513p.pdf