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96 J. Crim. L. & Criminology 849 (2005-2006)
Deportation and Driving: Felony DUI and Reckless Driving as Crimes of Violence following Leocal v. Ashcroft

handle is hein.journals/jclc96 and id is 859 raw text is: 0091-4169/06/9603-0849 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 96, No. 3 Copyright 0 2006 by Northwestern University, School of Law Printed in USA. DEPORTATION AND DRIVING: FELONY DUI AND RECKLESS DRIVING AS CRIMES OF VIOLENCE FOLLOWING LEOCAL V. ASHCROFT I. INTRODUCTION Every thirty-one minutes, someone is killed in the United States as a result of an alcohol-related motor vehicle crash.' Because of the high societal costs, it is hardly surprising that states impose severe penalties for driving under the influence (DUI)2 of alcohol as a method of deterrence. But how far these penalties can extend has serious implications on other areas of law; particularly in the arena of immigration law, the classification of DUI convictions has far-reaching consequences. Some circuit courts3 have ruled that aliens can be deported for multiple DUI offenses based on U.S. immigration law,4 stating that aliens can be removed from the United States for committing an aggravated felony.5 An aggravated felony is a crime of violence in which the imprisonment term is at least one year.6 Therefore, whether DUI is a crime of violence has significant impact on immigration law. Circuit courts that ruled DUI convictions were deportable offenses based their rulings on the 1 NAT'L CTR. FOR STATISTICS & ANALYSIS, TRAFFIC SAFETY FACTS: 2003 DATA: - ALCOHOL (2005), available at http://www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/TSF2003/ 809761.pdf. 2 For purposes of simplification within this note, the terms driving under the influence and driving while intoxicated are used interchangeably; both are classified as DUI offenses. This is not to say that there are no instances where the distinction between the crimes is crucial to the analysis as a crime of violence. However, in the cases analyzed in this case note, the inquiry involved in each crime is the same, and so the two offenses are analyzed together. 3 See, e.g., Tapia Garcia v. INS, 237 F.3d 1216 (10th Cir. 2001); Le v. U.S. Attorney Gen., 196 F.3d 1352 (11th Cir. 1999). 4 Anti-Drug Abuse Act of 1988, tit. VII, sec. 7000, § 7342, 8 U.S.C. § 1101(a)(43)(F) (2000) (amending Immigration and Nationality Act of 1957). ' 8 U.S.C. § 1227(a)(2)(A)(iii). 6 Id. § l101(a)(43)(F).

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