Leocal v. Ashcroft
Leocal, a permanent U.S. resident, pled guilty to driving under the influence (DUI) in violation of Florida state law, and was sentenced to two and a half years in prison. A previous case, Le v. U.S. Attorney General, established that conviction under Florida’s DUI law constituted a “crime of violence” under federal law, 18 U.S.C. § 16(a), if the corresponding sentence was a year or more in prison. Because his DUI conviction is considered a crime of violence, Leocal is deemed an aggravated felon under the Immigration and Nationality Act (INA), and is therefore subject to deportation. The Board of Immigration Appeals upheld a deportation order issued by the immigration court, stating that it was bound to follow the rule in Le. In an unpublished opinion, the Eleventh Circuit dismissed Leocal’s subsequent appeal on jurisdictional grounds, stating that a federal court is barred from reviewing the deportation of an aggravated felon. Other federal courts have held that crimes requiring mere negligence for guilt do not qualify as violent crimes under 18 U.S.C. § 16(a). Accordingly, the deportation of individuals based on DUI and similar convictions may vary geographically based on the local federal court’s interpretation of 18 U.S.C. § 16(a).
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.
Decision under Review: (Note: the decision under review effectively is Le v. U.S. Attorney General. Neither the Board of Immigration Appeals nor the Eleventh Circuit published an opinion in Leocal’s case.)
