Leocal v. Ashcroft

No. 03-583 (U.S. Sup. Ct. Nov. 9, 2004) ; Clearinghouse Number: 55804

Description

Conviction for Driving Under the Influence of Alcohol Is Not a “Crime of Violence” That May Subject a Resident Alien to Deportation

Abstract

The Supreme Court has held that driving under the influence of alcohol (DUI) is not a crime of violence that may render an immigrant deportable under 18 U.S.C. § 16. Petitioner, a lawful permanent resident of the United States, pleaded guilty to two counts of DUI and causing serious bodily injury in an accident, in violation of Florida law. While he was serving his prison sentence, the Immigration and Naturalization Service initiated removal proceedings pursuant to section 237(a) of the Immigration and Nationality Act, which permits deportation of an alien convicted of “an aggravated felony.” An immigration judge and the Board of Immigration Appeals ordered petitioner’s deportation, and he appealed. The Eleventh Circuit dismissed his petition for review, relying on its precedent that a conviction under Florida’s DUI statute is a crime of violence under 18 U.S.C. § 16. Reversing, the Supreme Court held that state DUI offenses such as Florida’s, which either do not have a mens rea component or require only a showing of negligence in the operation of a vehicle, are not crimes of violence under 18 U.S.C. § 16. Noting that the federal statute’s critical aspect is that a crime of violence involves the “use . . . of physical force against” another’s person or property, which requires active employment, the Court found that section 16(a) suggests a higher degree of intent than negligent or merely accidental conduct. Moreover, the Court found that, although section 16(b) sweeps more broadly than section 16(a), it does not encompass all negligent conduct, such as negligent operation of a vehicle. The Court found that the ordinary meaning of the term “crime of violence,” combined with section 16’s emphasis on the use of physical force against another (or the risk of having to use such force in committing a crime), suggests a category of violent, active crimes that cannot be said naturally to include DUI offenses. Accordingly, the Court held that petitioner’s DUI offense is not a crime of violence under 18 U.S.C. § 16.

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Docket Date
2004-11-09 00:00:00+00:00

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