Conteh v. Gonzales, __ F.3d __ (1st Cir. Aug. 22, 2006) (documents listed at 8 C.F.R. 1003.41 are used to determine existence of conviction, not to determine under categorical analysis whether conviction triggers ground of removal; pre-sentence investigation is not part of the record of conviction for purposes of determining nature of conviction, only existence).
jurisdiction:
First Circuit