BIA

RECEIVING STOLEN PROPERTY - ATTEMPT
Matter of Bahta, 22 I. & N. Dec. 1381 (BIA Oct. 4, 2000) (Nevada conviction for attempted possession of stolen property, in violation of Nevada Revised Statutes § 193.330 and 205.275, is a conviction for an attempted "theft offense (including receipt of stolen property)," and therefore an aggravated felony, within the meaning of sections INA § 101(a)(43)(G) and (U), 8 U.S.C. 1101(a)(43)(G) and (U)).

Fourth Circuit

RECEIVING STOLEN PROPERTY - CONCEALMENT OF MERCHANDISE
Ramtulla v. Ashcroft, 301 F.3d 202 (4th Cir. Aug. 22, 2002) (Virginia conviction of concealment of merchandise, in violation of Va.Code Ann. § 18.2-103, constitutes a "theft offense" and with a two-year suspended sentence therefore constitutes an aggravated felony under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G) for deportation purposes).

Seventh Circuit

RECEIVING STOLEN PROPERTY - POSSESSION OF STOLEN VEHICLE
Hernandez-Mancilla v. INS, 246 F.3d 1002 (7th Cir. Apr. 11, 2001) (Illinois conviction for possession of a stolen motor vehicle, in violation of 625 ILCS § 5/4-103(a)(1) a "theft offense," under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), and therefore constituted an "aggravated felony" rendering noncitizen deportable).

Ninth Circuit

RECEIVING STOLEN PROPERTY - FAILURE TO RETURN LOST MEANS OF TRANSPORTATION
Nevarez-Martinez v. INS, 326 F.3d 1053 (9th Cir. Apr. 16, 2003) (Arizona conviction of failure to return lost means of transportation, in violation of Arizona Revised Statute § 13-1814(A)(4), did not constitute a theft offense aggravated felony, under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), since the statute did not require intent to deprive the owner of the property) (alternative holding).

RECEIVING STOLEN PROPERTY - POSSESSION OF STOLEN VEHICLE
Huerta-Guevara v. Ashcroft, 321 F.3d 883 (9th Cir. Mar. 4, 2003) (Arizona conviction of possession of a stolen vehicle, in violation of A.R.S. § 13-1802, did not fall within the generic definition of "theft offense" necessary to constitute an aggravated felony under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), since the Arizona statute was overbroad, with respect to the generic definition, because (a) it prohibited "theft of services," which are not considered property and therefore fall outside the generic definition of theft, (b) it prohibited aiding and abetting, and (c) it "is a divisible statute, four subparts of which do not require intent.").

Tenth Circuit

RECEIVING STOLEN PROPERTY - AUTO
United States v. Vasquez-Flores, 265 F.3d 1122 (10th Cir. Sept. 13, 2001), cert. denied, 122 S.Ct. 1180 (2002) (Utah conviction for attempting to knowingly receive or transfer a stolen motor vehicle, in violation of U.C.A. 1953 § 41-1a-1316, was an "aggravated felony" under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G) for enhancement purposes under U.S.S.G. § 2L1.2(b)(2) of an illegal re-entry sentence).