Leocal v. Ashcroft | |
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Argued October 12, 2004 Decided November 9, 2004 | |
Full case name | Josue Leocal v. John D. Ashcroft, Attorney General of the United States |
Citations | 543 U.S. 1 (more) 125 S. Ct. 377; 160 L. Ed. 2d 271; 73 U.S.L.W. 4001 |
Case history | |
Prior | Deportation order affirmed by the Board of Immigration Appeals; petition for review in the Eleventh Circuit denied; cert. granted, 540 U.S. 1176 (2004). |
Holding | |
DUI crimes that have either no mens rea element or require merely negligence for a conviction are not "crimes of violence" that subject aliens to deportation. | |
Court membership | |
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Case opinion | |
Majority | Rehnquist, joined by unanimous |
Laws applied | |
8 U.S.C. § 1227; 18 U.S.C. § 16 |
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.
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