Josue Leocal v. John D. Ashcroft, Attorney General, et al. (543 U.S. 1)
U.S. Supreme Court · decided November 9, 2004 · Supreme Court Database (Spaeth)
- Citation
- 543 U.S. 1 · 125 S. Ct. 377
- Decided
- November 9, 2004
- Term
- October Term 2004
- Vote
- 9–0
- Majority author
- Justice Rehnquist
- Issue area
- Civil Rights
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Chief Justice Rehnquist delivered the opinion of the Court. Petitioner Josué Leocal, a Haitian citizen who is a lawful permanent resident of the United States, was convicted in 2000 of driving under the influence of alcohol (DUI) and causing serious bodily injury, in violation of Florida law. See Fla. Stat. §316.193(3)(c)(2) (2003). Classifying this conviction as a “crime of violence” under 18 U. S. C. § 16, and therefore an “aggravated felony” under the Immigration and Nationality Act (INA), an Immigration Judge and the Board of Immigration Appeals (BIA) ordered that petitioner be deported pursuant to § 237(a) of the INA. The Court of Appeals for the Eleventh Circuit agreed, dismissing petitioner’s petition for review. We disagree and hold that petitioner’s DUI conviction is not a crime of violence under 18 U. S. C. §16. Petitioner immigrated to the United States in 1980 and became a lawful permanent resident in 1987. In January 2000, he was charged with two counts of DUI causing serious bodily injury under Fla. Stat. §316.193(3)(c)(2), after he caused an accident resulting in injury to two people. He pleaded guilty to both counts and was sentenced to 2lA years in prison. In November 2000, while he was serving his sentence, the Immigration and Naturalization Service (INS) initiated removal proceedings against him pursuant to § 237(a) of the INA. Under that provision, “[a]ny…
Excerpt of a 21,713-character opinion. The full text and citation network load in the interactive viewer above.