As an example of the BIAs use of state court decisions in determining the immigration effect of a state criminal conviction, compare Matter of Bart, 20 I. & N. Dec. 436 (BIA 1992) (Pennsylvania passing bad checks not a CMT) with Matter of Balao, 20 I. & N. Dec. 440 (BIA 1992) (Georgia passing bad checks a CMT). Looking at the elements of two states statutes, as defined by case law, the BIA found the offense of passing a bad check to be a CMT in one case, while not a CMT in the other.
Thanks to Jonathan Moore.