23801: (pub) Esser: Supreme Court Reverses Deportation (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: D. Esser <torx@joimail.com>

Immigration News Briefs
Vol. 7, No. 46 - November 13, 2004

SUPREME COURT REVERSES DEPORTATION

On Nov. 9, the Supreme Court ruled unanimously that Haitian
immigrant Josue Leocal, a legal permanent resident, was wrongly
deported in November 2002. Leocal was sentenced to more than two
years in prison in 2000 after pleading guilty to two counts of
causing serious bodily injury while driving under the influence
of alcohol (DUI)--his first offense in nearly 20 years in the US.
The 11th US Circuit Court of Appeals in Atlanta ruled in 2003
that the DUI offense was a "crime of violence" and therefore an
"aggravated felony" resulting in automatic deportation under a
1996 immigration law. The Supreme Court reversed that decision
and sent the case back to the 11th Circuit after determining that
the 1996 statute requires intent in causing harm--not mere
negligence--in order for an offense to trigger deportation. The
Supreme Court took up the issue because the appeals courts were
divided [see INB 2/28/04]; both the 5th Circuit in New Orleans
and the 9th Circuit in San Francisco had rejected deportation for
DUI offenses.

Leocal's attorneys hope the decision will allow him to rejoin his
wife and four children in Florida. Immigrant rights groups
estimate that hundreds of noncitizens may have been deported for
drunk-driving offenses since 1996. The case is Leocal v.
Ashcroft, 03-583. The opinion is at
http://wid.ap.org/documents/scotus/041109leocal.pdf [AP 11/9/04;
Miami Herald 11/10/04; LA Times 11/10/04; Washington Post
11/10/04; Houston Chronicle 11/10/04]
.