In a published decision, the BIA held that an Immigration Judge may, in performing a modified categorical analysis, consider a police report from an underlying criminal conviction when the police report formed part of the factual basis of the conviction. Matter of Milian-Dubon, 25 I&N Dec. 197 (BIA Feb. 19, 2010) (Grant, Miller, and Malphrus). Board member Malphrus wrote the panel’s decision.