Term: 2004
Docket: 03-583
Josue Leocal v. John D. Ashcroft, Attorney General, Et Al.
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03-583 LEOCAL V. ASHCROFT DECISION BELOW: No. 02-14992, not reported CERT. GRANTED 2/23/2004 QUESTION PRESENTED: The court below interpreted 18 U.S.C. § 16 to include DUI with serious bodily injury as a "crime of violence"--and therefore an "aggravated felony" as defined under § 101(a)(43)(F) of the Immigration and Nationality Act ("INA")--where the statute under which Petitioner was convicted required nothing more than negligence for conviction. That ruling conflicts with decisions of other United States Courts of Appeals and with the interpretation of the Board of Immigration Appeals ("BIA " or "Board"). The question presented is as follows: Whether, in the absence of a mens rea of at least recklessness with respect to the active application of force against another, DUI with serious bodily injury is a "crime of violence" under 18 U.S.C. § 16 that constitutes an "aggravated felony" under § 101 of the INA ? LOWER COURT CASE NUMBER: 02-14992
In the 2004 case of Josue Leocal v. John D. Ashcroft, Attorney General, et al., the U.S Supreme Court unanimously ruled that a drunk driving conviction does not constitute a "crime of violence" and thus cannot be used as grounds for deportation under immigration law. The petitioner in this case was Josue Leocal, a Haitian national and lawful permanent resident in the United States who had been convicted for DUI causing serious bodily injury. He was ordered to be deported on account that his crime constituted an aggravated felony involving "a crime of violence." However, the court disagreed with this interpretation stating that crimes of violence involve intentional conduct and use or threat of physical force against another person's property - elements absent from DUI offenses which are typically negligence-based crimes.
In the case of Josue Leocal v. John D. Ashcroft, there was no dissenting opinion issued by any justice of the Supreme Court. The court unanimously ruled in favor of Leocal, a lawful permanent resident who had been deported due to a drunk driving conviction classified as a "crime of violence". The court held that his offense did not constitute such crime under 18 U.S.C §16 and thus could not be used as grounds for deportation.
