23401: (Hermantin) Miami-Herald-Haitian man's deportation for DUI at issue (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: leonie hermantin <lhermantin@hotmail.com>

Posted on Wed, Oct. 13, 2004




U.S. SUPREME COURT


Haitian man's deportation for DUI at issue

The justices of the U.S. Supreme Court heard arguments in the appeal of a
Haitian man sent back to his native land because of an injury-causing DUI
accident.

>From Herald staff and wire reports


WASHINGTON - The U.S. Supreme Court on Tuesday heard arguments in the case
of a Haitian man who was deported because immigration officials said his
drunk-driving conviction in Miami was a ''crime of violence'' that required
his removal.

Josue Leocal had lived in the United States 20 years with no legal problems
until he injured another driver in a January 2000 accident and pleaded
guilty to DUI. He served two years in jail.

When Leocal was released, immigration authorities ruled that his crime
constituted an ''aggravated felony'' under Florida law, requiring his
removal. Leocal was deported in 2002, while his wife and four children --
all U.S. citizens -- remain in the United States.

Leocal's attorney, Wick Sollers of Washington, argued that for a crime to
lead to deportation, there ''needs to be some intent'' to use violence.

''How is this any different from someone shooting blindly into a building?''
asked Justice Sandra Day O'Connor. ``Getting behind the wheel when drunk and
turning the keys is an intentional use of force that poses a substantial
risk.''

''It was recklessness, not intentional,'' responded Sollers.

Federal courts have been split on that question. The 11th Circuit sided with
the government in the Leocal case, citing another decision that Sollers said
was contrary to other federal court rulings.

Assistant Solicitor General Dan Himmelfarb argued that it was not necessary
to demonstrate intent to deport Leocal.

Justices asked several questions that explored how much culpability was
involved in a DUI offense that led to deportation.

Sollers said that if justices rule in Leocal's favor, he would be allowed to
return to the United States.

The court is expected to decide the case by June.

Herald staff writer Frank Davies contributed to this report.


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