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First Decision of Term: No Deportation for Drunk Driving

Bump and update: The ACLU hails the decision. More case information is available here. The decision is here. (TL)

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by TChris

An alien who is a permanent resident of the United States can be deported after conviction of "a crime of violence" that carries a potential sentence of at least one year. A "crime of violence" requires the use of physical force against another. The Supreme Court decided today (in a unanimous opinion by Chief Justice Rehnquist) that Josue Leocal, a Haitian citizen, cannot be deported despite his Florida conviction of causing injury by drunk driving because he did not "use" force when he negligently caused an accident.

Chalk this one up as a loss for John Ashcroft.

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