The Board of Immigration Appeals (BIA) had determined that the generic definition for a receipt of stolen property aggravated felony includes a requirement that the defendant have knowledge or belief that the property has been stolen. The South Dakota receipt of a stolen vehicle statute only requires a reason to believe that the vehicle has been stolen. Thus, this statute does not match the generic definition of a receipt of stolen property aggravated felony. "We cannot infer that a violator who received property with a “reason to believe” that the property was stolen (or a similar mens rea) intended to deprive the true owner of the rights and benefits of ownership. This is so because such a violator need not be actually aware of the stolen character of the item received in order to be convicted of the offense." The BIA acknowledged that the statute at issue is indivisible, and thus, will never qualify as a receipt of stolen property aggravated felony.
The full text of Matter of Deang can be found here: