SWOV Catalogus


Deportation and driving : felony DUI and reckless driving as crimes of violence following Leocal V. Ashcroft.
C 36950 [electronic version only]
Davenport, M.-T.
Journal of Criminal Law & Criminology, Vol. 96 (2006), No. 3 (Spring), p. 849-875

Samenvatting Every thirty-one minutes, someone is killed in the United States as a result of an alcohol-related motor vehicle crash. Because of the high societal costs, it is hardly surprising that states impose severe penalties for driving under the influence ("DUI") of alcohol as a method of deterrence. But how far these penalties can extend has serious implications on other areas of law; particularly in the arena of immigration law, the classification of DUI convictions has far-reaching consequences. Some circuit courts3 have ruled that aliens can be deported for multiple DUI offenses based on U.S. immigration law, stating that aliens can be removed from the United States for committing an “aggravated felony.” An aggravated felony is a “crime of violence” in which the imprisonment term is at least one year. Therefore, whether DUI is a crime of violence has significant impact on immigration law. Circuit courts that ruled DUI convictions were deportable offenses based their rulings on the determination that DUI is a crime of violence. Other circuit courts disagreed and held that DUI is not a crime of violence. The Supreme Court attempted to cure this circuit split in Leocal v. Ashcroft, holding that DUI is not a crime of violence, and therefore is not an aggravated felony that warrants deportation. This Note argues that while the Supreme Court reached the proper decision, it construed the question very narrowly. (Author/publisher)
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