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Leocal v. Ashcroft

Docket No.: 03-583
Certiorari Granted: Feb 23 2004
Argued: October 12, 2004
Decided: November 9, 2004

Topics:

Omnibus Crime Control and Safe Streets, National Firearms, Organized Crime Control, Comprehensive Crime Control, or Gun Control Acts, except for RICO (q.v.) portion, Civil Rights, Deportation, Comprehensive Crime Control, Crime Control Act, Death Penalty, IIRIRA, Illegal Immigration Reform and Immigrant Responsibility Act, Immigration and Nationality Act, Immigration and Naturalization, murder

PartyNames: Josue Leocal v. John D. Ashcroft, Attorney General, et al.
Petitioner: Josue Leocal
Respondent: John D. Ashcroft, Attorney General, et al.

Court Below: United States Court of Appeals for the Eleventh Circuit
Citation: No. 02-14992, not reported
Supreme Court Docket

Josue Leocal
v.
John D. Ashcroft, Attorney General, et al.
543 U.S. 1 (2004)
Background:

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"

Question Presented:

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 ?

Question:

Is a conviction of driving under the influence and causing serious bodily injury a "crime of violence" under federal immigration law that allows the person to be deported as an aggravated felon?

Leocal v. Ashcroft
ORAL ARGUMENT

October 12, 2004

Holding: reversed and remanded
Decision: Decision: 9 votes for Leocal, 0 vote(s) against
Vote: 9-0
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