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High Court Rejects Deportation for DUI; The justices rule that drunk driving is not a ‘crime of violence,’ even if injuries occur, for which legal immigrants may be expelled.


Tuesday’s ruling does not change the practice in California, where the U.S. 9th Circuit Court of Appeals has refused to deport immigrants for drunk driving injury accidents. Nationally, it marked an important victory for immigrants’ rights, the American Civil Liberties Union said.

While he was behind bars, the Immigration and Naturalization Service moved to deport him. It said drunk driving that resulted in an injury was a crime of violence and an “aggravated felony” that demanded deportation. The U.S. 11th Circuit Court of Appeals in Atlanta agreed, and [Josue Leocal] was sent back to Haiti two years ago.

Michael J. Ciatti, an attorney for the law firm that represented Leocal before the Supreme Court, said: “We have been in regular contact with one of Mr. Leocal’s sons, and the family was very happy to hear about the decision.”

Source : pqasb.pqarchiver.com



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