Singh v. Gonzales, ___ F.3d ___, 2005 WL 3579002 (3d Cir. Jan. 3, 2006) ("The BIA's interpretation of 18 U.S.C. 16 is not entitled to deference by this Court: as a federal criminal provision outside the INA, it lies beyond the BIA's area of special expertise. Tran v. Gonzales, 414 F.3d 464, 470 (3d Cir. 2005); Francis v. Reno, 269 F.3d 162, 168 (3d Cir. 2001). We exercise plenary review over the BIA's purely legal determination that Singh's convictions for simple assault and recklessly endangering another person were aggravated felonies. Valansi v. Ashcroft, 278 F.3d 203, 207 (3d Cir. 2002).").