23765: (pub) Hermantin: Supreme Court overturns decision to deport Haitian convicted of (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: leonie hermantin <lhermantin@hotmail.com>

Posted on Tue, Nov. 09, 2004




Supreme Court overturns decision to deport Haitian convicted of DUI

By Herald Staff


The U.S. Supreme Court, ruling today on a Miami case, said that a
drunk-driving accident is not a ''crime of violence'' that would allow
federal authorities to deport a permanent legal resident.

The high court ruled unanimously in favor of Josue Leocal, a Haitian man
from Northwest Miami-Dade County who was deported in 2002 after pleading
guilty to felony DUI and serving two years in prison. The 11-page opinion
was written by ailing Chief Justice William H. Rehnquist.

At issue was whether the DUI offense was a ''crime of violence'' because he
had caused injury to others. Under immigration law, it fit the definition of
an ''aggravated felony'' that subjects the offender to deportation.

The 11th U.S. Circuit Court of Appeals ruled it was, but now the Supreme
Court disagreed, reversing the decision and remanding it back to a lower
court. However, Leocal's whereabouts were not immediately known, but his
attorneys have said they believe he would be able to return to the United
States if the justices ruled in his favor.

In its ruling, the high court said the plain that a felony offense must
require intent in causing harm -- not mere negligence, as in Leocal's case
-- before immigrants are subject to the drastic consequence of deportation.

''Drunk driving is a nationwide problem, as evidenced by the efforts of
legislatures to prohibit such conduct and impose appropriate remedies,''
Rehnquist stated. ``But this fact does not warrant our shoehorning it into
statutory sections where it does not fit.''

The decision also helps clear up a disputed area of immigration law. Lower
courts have been split on the issue.

Leocal, 48, is a husband and father of four who lived in the United States
legally for 20 years. He had had no other trouble with the law aside from
the 2000 accident, in which two people were injured.

Leocal pleaded guilty to being drunk behind the wheel when he had an
accident that injured two people in January 2000. He completed a 10-month
substance abuse program while in prison sentence, according to court
records.


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