BIA on Receipt of Stolen Property - Matter of Deang, 27 I&N Dec. 57 (BIA 2017)

BIA on Receipt of Stolen Property - Matter of Deang, 27 I&N Dec. 57 (BIA 2017)

Matter of Deang, 27 I&N Dec. 57 (BIA 2017) - (1) An essential element of an aggravated felony receipt of stolen property offense under section 101(a)(43)(G) of the Act, 8 U.S.C. § 1101(a)(43)(G) (2012), is that an offender must receive property with the “knowledge or belief” that it has been stolen, and this element excludes a mens rea equivalent to a “reason to believe.” (2) A conviction for receipt of a stolen motor vehicle under section 32-4-5 of the South Dakota Codified Laws categorically does not define an aggravated felony receipt of stolen property offense under section 101(a)(43)(G) of the Act because it is indivisible with respect to the necessary mens rea and only requires, at a minimum, that an offender have a “reason to believe” that the vehicle received was stolen.

Hats off to Bradley Jenkins!