Leocal V. Ashcroft
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Leocal V. Ashcroft
''Leocal v. Ashcroft'', 543 U.S. 1 (2004), held that aliens may not be deported after being convicted of DUI Driving under the influence (DUI)—also called driving while impaired, impaired driving, driving while intoxicated (DWI), drunk driving, operating while intoxicated (OWI), operating under the influence (OUI), operating vehicle under the infl ... if the DUI statute that defines the offense does not contain a ''mens rea'' element or otherwise allows a conviction for merely negligent conduct. Facts Josue Leocal is a citizen of Haiti who has been a permanent resident, lawful permanent resident of the United States since 1987. In 2000, he was convicted in Florida of drunk driving (United States), driving under the influence (DUI). Proceedings were then instituted to deport Leocal, and an immigration judge concluded that Leocal's DUI conviction constituted a "crime of violence" and hence an aggravated felony under the Immigration and Nationality Act of 1965, Immigration ...
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Board Of Immigration Appeals
The Board of Immigration Appeals (BIA) is an administrative appellate body within the Executive Office for Immigration Review of the United States Department of Justice responsible for reviewing decisions of the U.S. immigration courts and certain actions of U.S. Citizenship Immigration Services, U.S Customs and Border Protection, and U.S. Immigration and Customs Enforcement. The BIA was established in 1940 after the Immigration and Naturalization Service was transferred from the United States Department of Labor to the Department of Justice. History 1891–1917: Early federal immigration laws The Board of Immigration Appeals traces its origins to the Immigration Act of 1891, which was the first comprehensive federal law that governed the immigration system. The Act established an Office of Immigration within the Department of the Treasury, which would be supervised by a Superintendent of Immigration and responsible for handling immigration functions. The Act also laid ...
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