The Second Circuit has determined that a New York conviction for third-degree possession of stolen property is a receipt of stolen property aggravated felony even though the statute does not require the lack of consent of the owner to obtain the property, which brings it outside the generic definition of a theft offense. The court deferred to the Board of Immigration Appeals’ definition of a possession of stolen property aggravated felony in Matter of Alday Dominguez, which provided a separate definition for a receipt of stolen property aggravated felony than a theft aggravated felony.
The petitioner also argued that the statute does not require an intent to deprive the owner of the benefits of ownership. The court disagreed, finding that an intent to deprive the owner of property is inherent in the knowing possession of stolen property under New York law.
The full text of Santana v. Barr can be found here: