Wednesday, November 13, 2013

Leocal v. Ashcroft case brief

Leocal v. Ashcroft case brief summary
543 U.S. 1 (2004)

Petitioner permanent resident alien sued respondent United States Attorney General, seeking review of a deportation order following his conviction for driving under the influence of alcohol (DUI) and causing serious bodily injury in an accident, in violation of Florida law. The United States Court of Appeals for the Eleventh Circuit dismissed the petition. Certiorari was granted to resolve a conflict among the United States Courts of Appeals.


  • Certiorari was granted to determine whether state DUI offenses similar to Fla. Stat. ch. 316.193(3)(c)(2), which either did not have a mens rea component or required only a showing of negligence in the operation of a vehicle, qualified as a crime of violence under 8 U.S.C.S. § 1101(a)(43) and 18 U.S.C.S. § 16. 
  • The alien's DUI offense was not a crime of violence under18 U.S.C.S. § 16(a) as the statute's key phrase, the use of physical force against the person or property of another, suggested a higher degree of intent than negligent or merely accidental conduct. 
  • The DUI conviction was not a crime of violence under 18 U.S.C.S. § 16(b) for similar reasons; it required a higher mens rea than the merely accidental or negligent conduct involved in a DUI offense. 
  • The ordinary meaning of the term "crime of violence," combined with 18 U.S.C.S. § 16's emphasis on the use of physical force against another person (or the risk of having to use such force in committing a crime), suggested a category of violent, active crimes that did not include DUI offenses. 
  • Thus, 18 U.S.C.S. § 16 could not be read to include the alien's conviction for DUI causing serious bodily injury under Florida law.

The judgment was reversed and the case was remanded for further proceedings.

Suggested Study Aids and Books

No comments:

Post a Comment

The Ins and Outs of Class Action Lawsuits: A Comprehensive Guide

Sometimes, you may buy a product only to find it defective. To make it worse, your search for the product reveals mass complaints. You can ...