SUPREME COURT DECIDES THAT DRUNK DRIVING IS NOT A CRIME OF VIOLENCE

On November 9,2004 the Supreme Court decided, in the Leocal v. Ashcroft case, that generic drunk driving offenses are not crimes of violence, such as to subject the convicted alien to deportation as an aggravated felon. The 11th Circuit Court of Appeals, with jurisdiction over Florida, had ruled that the DUI offense was a violent crime. This was considered a minority ruling as compared to other Circuit Court decisions. Apparently, large numbers of legal immigrants, particularly from Texas, had been deported because of driving while intoxicated offenses before this definitive ruling. Unfortunately, there is no settled mechanism in the law for one who has already been deported to try to reopen his or her case based on a change of the law.


 

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