US Supreme Court rules drunk driving can't lead to deportation

[JURIST] In a decision handed down Tuesday morning, the US Supreme Court has ruled that a conviction for drunk driving that results in serious bodily injury is not a "crime of violence" that constitutes an "aggravated felony" under the Immigration and Nationality Act and therefore can't lead to the deportation of a permanent resident involved in accident. The case is Leocal v. Ashcroft (case backgrounder from Duke Law School). Chief Justice Rehnquist authored the unanimous opinion.

10:45 AM ET: Cornell's Legal Information Institute has now posted today's opinion per Chief Justice Rehnquist. The Court held that state DUI offenses which either do not have a mens rea component or require only a showing of negligence in the operation of a vehicle are not crimes of violence under the INA.

10:58 AM ET: AP has more on the ruling.

 

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