Whether the Third Circuit's test for divisibility —which makes subsection organization dispositive, and which permits examination of facts if a statute is divisible in any way, even if it is indivisible as to the pertinent statutory alternatives —is consistent with Mathis.

Whether federal courts, in applying the categorical and modified categorical approaches, may engage in plenary statutory construction of state statutes that is inconsistent with the statutory construction rules mandated by state law.

Whether the Third Circuit's test for divisibility is consistent with Mathis