Leocal v. Ashcroft
United States Supreme Court
543 U.S. 1 (2004)
Leocal (plaintiff), a lawful permanent resident, pleaded guilty to two counts of DUI causing serious bodily injury under Florida law; the INS began removal proceedings under a statute making aliens deportable for an aggravated felony, defined to require a crime of violence involving either an element of intentional use of force or, by its nature, a substantial risk that force may be used. An immigration judge and the BIA found him removable, and after his removal to Haiti, the Eleventh Circuit dismissed his petition for review; the Supreme Court granted certiorari.
Whether a resident alien may be deported after being convicted of DUI causing serious bodily injury even if no intent to harm was proven.