Aggravated Felonies

(E)  Limitation to the Elements of the Offense of Conviction.  The determination of whether a conviction constitutes an aggravated felony is based on the elements of the statute of conviction, and the facts of the offense are ignored.  Therefore, unless the statutory elements, as amplified by any judicial decisions concerning the elements, establish every fact necessary to bring the conviction within an aggravated felony category, the conviction does not constitute an aggravated felony.  See § § 4.17, et seq., infra.