Leocal v. Ashcroft
Encyclopedia
Leocal v. Ashcroft, 543 U.S. 1
(2004), held that aliens may not be deported after being convicted of DUI
if the DUI statute that defines the offense does not contain a mens rea
element or otherwise allows a conviction for merely negligent conduct.
who has been a lawful permanent resident of the United States since 1987. In 2000, he was convicted in Florida of driving under the influence
(DUI). Proceedings were then instituted to deport Leocal, and an immigration judge concluded that Leocal's DUI conviction constituted a "crime of violence" and hence an aggravated felony
under the Immigration and Nationality Act. Because of his conviction for an aggravated felony, Leocal was ordered deported in October 2001. The Board of Immigration Appeals
affirmed this decision, and Leocal sought review in the Eleventh Circuit
. In an unpublished opinion
, the Eleventh Circuit concluded that the DUI conviction was an "aggravated felony," and hence it had no jurisdiction to review the lawfulness of the deportation order. The U.S. Supreme Court agreed to review the case.
is deportable and may be deported upon an order of the Attorney General. An "aggravated felony" includes any crime classified under federal law as a "crime of violence." And a "crime of violence," in turn, is any crime that
In order to determine whether Leocal's DUI conviction qualified as a "crime of violence," the Court examined the elements of the statutory definition of the crime rather than the particular facts.
Under Florida
law, it is a third-degree felony for any person to operate a vehicle under the influence and, "by reason of such operation, caus[e]... [s]erious bodily injury to another." This statute has no mens rea
element—it does not require the defendant to have any particular level of intent to commit the crime. In Florida, DUI does not entail the attempted or threatened use of physical force; if DUI is to qualify as a crime of violence, it must so qualify because it involves the use of physical force. The "use" of physical force "most naturally suggests a higher degree of intent than negligent or merely accidental conduct." Likewise, DUI does not entail a "substantial risk" that physical force will be used. Furthermore, the fact that in another subsection of the Immigration and Nationality Act, Congress expressly distinguished between DUI crimes and "crimes of violence" bolstered the Court's conclusion that Florida's DUI statute was not a "crime of violence" because it did not require proof of any particular mental state, and thus criminalized merely negligent conduct.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2004), held that aliens may not be deported after being convicted of DUI
Drunk driving (United States)
Drunk driving is the act of operating and/or driving a motor vehicle while under the influence of alcohol and/or drugs to the degree that mental and motor skills are impaired...
if the DUI statute that defines the offense does not contain a mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
element or otherwise allows a conviction for merely negligent conduct.
Facts
Josue Leocal is a citizen of HaitiHaiti
Haiti , officially the Republic of Haiti , is a Caribbean country. It occupies the western, smaller portion of the island of Hispaniola, in the Greater Antillean archipelago, which it shares with the Dominican Republic. Ayiti was the indigenous Taíno or Amerindian name for the island...
who has been a lawful permanent resident of the United States since 1987. In 2000, he was convicted in Florida of driving under the influence
Drunk driving (United States)
Drunk driving is the act of operating and/or driving a motor vehicle while under the influence of alcohol and/or drugs to the degree that mental and motor skills are impaired...
(DUI). Proceedings were then instituted to deport Leocal, and an immigration judge concluded that Leocal's DUI conviction constituted a "crime of violence" and hence an aggravated felony
Aggravated felony
In United States immigration law, the term aggravated felony refers to a broad category of crimes that carry certain severe consequences for aliens seeking asylum, legal permanent resident status, citizenship, or avoidance of deportation proceedings...
under the Immigration and Nationality Act. Because of his conviction for an aggravated felony, Leocal was ordered deported in October 2001. The Board of Immigration Appeals
Board of Immigration Appeals
The Board of Immigration Appeals is the part of the Executive Office for Immigration Review that reviews the decisions of the Immigration Courts and some decisions of the U.S. Citizenship and Immigration Services. It is an administrative appellate body that is part of the United States Department...
affirmed this decision, and Leocal sought review in the Eleventh Circuit
United States Court of Appeals for the Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Middle District of Alabama...
. In an unpublished opinion
Non-publication
Non-publication of opinions, or Unpublished opinions, are those decisions of courts that are not available for citation as precedent because the judges making the opinion deem the case as having less precedential value....
, the Eleventh Circuit concluded that the DUI conviction was an "aggravated felony," and hence it had no jurisdiction to review the lawfulness of the deportation order. The U.S. Supreme Court agreed to review the case.
Opinion of the Court
Under the Immigration and Nationality Act, any alien convicted of an aggravated felonyAggravated felony
In United States immigration law, the term aggravated felony refers to a broad category of crimes that carry certain severe consequences for aliens seeking asylum, legal permanent resident status, citizenship, or avoidance of deportation proceedings...
is deportable and may be deported upon an order of the Attorney General. An "aggravated felony" includes any crime classified under federal law as a "crime of violence." And a "crime of violence," in turn, is any crime that
(a) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
(b) is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
In order to determine whether Leocal's DUI conviction qualified as a "crime of violence," the Court examined the elements of the statutory definition of the crime rather than the particular facts.
Under Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
law, it is a third-degree felony for any person to operate a vehicle under the influence and, "by reason of such operation, caus[e]... [s]erious bodily injury to another." This statute has no mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
element—it does not require the defendant to have any particular level of intent to commit the crime. In Florida, DUI does not entail the attempted or threatened use of physical force; if DUI is to qualify as a crime of violence, it must so qualify because it involves the use of physical force. The "use" of physical force "most naturally suggests a higher degree of intent than negligent or merely accidental conduct." Likewise, DUI does not entail a "substantial risk" that physical force will be used. Furthermore, the fact that in another subsection of the Immigration and Nationality Act, Congress expressly distinguished between DUI crimes and "crimes of violence" bolstered the Court's conclusion that Florida's DUI statute was not a "crime of violence" because it did not require proof of any particular mental state, and thus criminalized merely negligent conduct.
See also
External links
- Text of the opinion, LII, Cornell University
- Text of the opinion, findlaw.com
- Multimedia links, OYEZ project
- Transcript of the oral argument
- Brief of Leocal as Petitioner
- Brief of the Government as Respondent
- Amicus brief of the ACLU
- Advice on applying Leocal from the American Immigration Law Foundation