leocal
ashcroft
attorney
general
et
argued
october
decided
november
counsel
record
petitioner
leocal
sedwick
sollers
iii
king
spalding
llp
washington
dc
respondents
ashcroft
et
al
paul
clement
acting
solicitor
general
washington
dc
petitioner
lawful
permanent
resident
pleaded
guilty
two
counts
driving
influence
alcohol
dui
causing
serious
bodily
injury
accident
violation
florida
law
serving
prison
sentence
immigration
naturalization
service
ins
initiated
removal
proceedings
pursuant
immigration
nationality
act
ina
permits
deportation
alien
convicted
aggravated
felony
ina
defines
aggravated
felony
include
inter
alia
crime
violence
defined
term
imprisonment
least
one
year
title
turn
defines
crime
violence
offense
element
use
physical
force
person
property
another
defines
offense
felony
nature
involves
substantial
risk
physical
force
person
property
another
may
used
course
committing
offense
immigration
judge
board
immigration
appeals
bia
ordered
petitioner
deportation
eleventh
circuit
dismissed
petition
review
relying
precedent
conviction
florida
dui
statute
crime
violence
held
state
dui
offenses
florida
either
mens
rea
component
require
showing
negligence
operation
vehicle
crimes
violence
pp
section
requires
look
elements
nature
offense
conviction
determining
whether
petitioner
conviction
falls
within
ambit
florida
dui
statute
like
similar
statutes
many
requires
proof
causation
mental
state
appear
require
proof
person
acted
negligently
operating
vehicle
analysis
begins
language
see
bailey
particularly
interpreting
statute
featuring
elastic
word
use
construes
language
context
light
terms
surrounding
see
smith
section
critical
aspect
crime
violence
involves
use
physical
force
another
person
property
requires
active
employment
see
bailey
supra
one
may
theory
actively
employ
something
accidental
manner
much
less
natural
say
person
actively
employs
physical
force
another
accident
interpreting
statute
words
must
given
ordinary
natural
meaning
smith
supra
key
phrase
naturally
suggests
higher
degree
intent
negligent
merely
accidental
conduct
petitioner
dui
offense
therefore
crime
violence
pp
crime
violence
sweeps
broadly
thereby
encompass
negligent
conduct
negligent
operation
vehicle
simply
covers
offenses
naturally
involve
person
acting
disregard
risk
physical
force
might
used
another
committing
offense
classic
example
burglary
nature
involves
substantial
risk
burglar
use
force
victim
completing
crime
thus
contains
formulation
found
determinative
use
physical
force
another
person
property
accordingly
language
must
given
identical
construction
requiring
higher
mens
rea
merely
accidental
negligent
conduct
involved
dui
offense
pp
ordinary
meaning
term
crime
violence
ultimately
determining
combined
emphasis
use
physical
force
another
risk
use
force
committing
crime
suggests
category
violent
active
crimes
said
naturally
include
dui
offenses
construction
reinforced
ina
includes
alternative
definitions
serious
criminal
offense
crime
violence
defined
offense
interpreting
include
dui
offenses
leave
practically
void
significance
contravention
rule
effect
given
every
word
statute
whenever
possible
see
duncan
walker
pp
case
present
question
whether
offense
requiring
proof
reckless
use
force
another
person
property
qualifies
crime
violence
reversed
remanded
rehnquist
delivered
opinion
unanimous
josue
leocal
petitioner
john
ashcroft
attorney
general
et
al
writ
certiorari
appeals
eleventh
circuit
november
chief
justice
rehnquist
delivered
opinion
petitioner
josue
leocal
haitian
citizen
lawful
permanent
resident
convicted
driving
influence
alcohol
dui
causing
serious
bodily
injury
violation
florida
law
see
stat
classifying
conviction
crime
violence
therefore
aggravated
felony
immigration
nationality
act
ina
immigration
judge
board
immigration
appeals
bia
ordered
petitioner
deported
pursuant
ina
appeals
eleventh
circuit
agreed
dismissing
petitioner
petition
review
disagree
hold
petitioner
dui
conviction
crime
violence
petitioner
immigrated
became
lawful
permanent
resident
january
charged
two
counts
dui
causing
serious
bodily
injury
stat
caused
accident
resulting
injury
two
people
pleaded
guilty
counts
sentenced
two
half
years
prison
november
serving
sentence
immigration
naturalization
service
ins
initiated
removal
proceedings
pursuant
ina
provision
ny
alien
convicted
aggravated
felony
deportable
may
removed
upon
order
attorney
general
stat
iii
section
ina
defines
aggravated
felony
include
inter
alia
crime
violence
defined
section
title
including
purely
political
offense
term
imprisonment
least
one
year
omitted
title
turn
defines
term
crime
violence
mean
offense
element
use
attempted
use
threatened
use
physical
force
person
property
another
offense
felony
nature
involves
substantial
risk
physical
force
person
property
another
may
used
course
committing
offense
ins
claimed
petitioner
dui
conviction
crime
violence
therefore
aggravated
felony
ina
october
immigration
judge
found
petitioner
removable
relying
upon
eleventh
circuit
decision
le
attorney
general
per
curiam
held
conviction
florida
dui
statute
qualified
crime
violence
bia
petitioner
completed
sentence
removed
haiti
november
june
appeals
eleventh
circuit
dismissed
petitioner
petition
review
relying
previous
ruling
le
app
pet
cert
granted
certiorari
resolve
conflict
among
courts
appeals
question
whether
state
dui
offenses
similar
one
florida
either
mens
rea
component
require
showing
negligence
operation
vehicle
qualify
crime
violence
compare
le
supra
omar
ins
dalton
ashcroft
ins
amended
per
curiam
see
also
ursu
ins
fed
appx
following
supra
ruling
violation
florida
dui
statute
issue
le
count
crime
violence
reverse
eleventh
circuit
title
enacted
part
comprehensive
crime
control
act
broadly
reformed
federal
criminal
code
areas
sentencing
bail
drug
enforcement
added
variety
new
violent
nonviolent
offenses
stat
congress
employed
term
crime
violence
numerous
places
act
defining
elements
particular
offenses
see
prohibiting
threats
commit
crimes
violence
aid
racketeering
activity
directing
hearing
required
charged
individual
released
bail
see
requiring
pretrial
detention
hearing
alleged
committed
crime
violence
congress
therefore
provided
general
definition
term
crime
violence
used
throughout
act
see
stat
section
since
incorporated
variety
statutory
provisions
criminal
pursuant
ina
appeals
applied
find
petitioner
dui
conviction
rendered
deportable
determining
whether
petitioner
conviction
falls
within
ambit
statute
directs
focus
offense
conviction
see
defining
crime
violence
offense
element
use
physical
force
person
property
another
emphasis
added
defining
term
offense
felony
nature
involves
substantial
risk
physical
force
person
property
another
may
used
course
committing
offense
emphasis
added
language
requires
us
look
elements
nature
offense
conviction
rather
particular
facts
relating
petitioner
crime
florida
stat
makes
felony
person
operate
vehicle
influence
reason
operation
caus
erious
bodily
injury
another
florida
statute
requires
proof
causation
injury
require
proof
particular
mental
state
see
state
hubbard
holding
context
dui
manslaughter
conviction
statute
contain
mens
rea
requirement
many
enacted
similar
statutes
criminalizing
dui
causing
serious
bodily
injury
death
without
requiring
proof
mental
appearing
require
proof
person
acted
negligently
operating
question
whether
interpreted
include
offenses
analysis
begins
language
statute
see
bailey
plain
text
offense
qualify
crime
violence
must
element
use
attempted
use
threatened
use
physical
force
person
property
another
deal
attempted
threatened
use
force
petitioner
contends
conviction
require
use
force
another
person
common
employment
word
use
connotes
intentional
availment
force
required
florida
dui
statute
government
counters
use
force
incorporate
mens
rea
component
petitioner
dui
conviction
necessarily
includes
use
force
support
position
government
dissects
meaning
word
use
employing
dictionaries
legislation
case
law
contending
use
force
may
negligent
even
inadvertent
whether
word
use
alone
supplies
mens
rea
element
parties
primary
focus
word
narrow
particularly
interpreting
statute
features
elastic
word
use
construe
language
context
light
terms
surrounding
see
smith
bailey
supra
critical
aspect
crime
violence
one
involving
use
physical
force
person
property
another
emphasis
added
said
similar
context
bailey
use
requires
active
employment
one
may
theory
actively
employ
something
accidental
manner
much
less
natural
say
person
actively
employs
physical
force
another
person
accident
thus
person
use
physical
force
another
pushing
however
ordinarily
say
person
use
physical
force
another
stumbling
falling
interpreting
statute
must
give
words
ordinary
natural
meaning
smith
supra
key
phrase
use
physical
force
person
property
another
naturally
suggests
higher
degree
intent
negligent
merely
accidental
conduct
see
ins
petitioner
dui
offense
therefore
crime
violence
neither
petitioner
dui
conviction
crime
violence
section
sweeps
broadly
defining
crime
violence
including
offense
felony
nature
involves
substantial
risk
physical
force
person
property
another
may
used
course
committing
offense
thereby
encompass
negligent
misconduct
negligent
operation
vehicle
simply
covers
offenses
naturally
involve
person
acting
disregard
risk
physical
force
might
used
another
committing
offense
reckless
disregard
relates
general
conduct
possibility
harm
result
person
conduct
risk
use
physical
force
another
might
required
committing
classic
example
burglary
burglary
covered
offense
committed
generally
reckless
way
someone
may
injured
burglary
nature
involves
substantial
risk
burglar
use
force
victim
completing
crime
thus
broader
sense
physical
force
need
actually
applied
contains
formulation
found
determinative
use
physical
force
person
property
another
accordingly
must
give
language
identical
construction
requiring
higher
mens
rea
merely
accidental
negligent
conduct
involved
dui
offense
particularly
true
light
requirement
substantial
risk
risk
using
physical
force
another
person
course
committing
offense
ordinary
natural
sense
said
person
risks
use
physical
force
another
person
course
operating
vehicle
intoxicated
causing
injury
construing
parts
forget
ultimately
determining
meaning
term
crime
violence
ordinary
meaning
term
combined
emphasis
use
physical
force
another
person
risk
use
force
committing
crime
suggests
category
violent
active
crimes
said
naturally
include
dui
offenses
cf
doe
breyer
observing
term
violent
felony
ed
supp
ii
calls
mind
tradition
crimes
involve
possibility
closely
related
active
violence
interpreting
encompass
accidental
negligent
conduct
blur
distinction
violent
crimes
congress
sought
distinguish
heightened
punishment
crimes
see
section
therefore
read
include
petitioner
conviction
dui
causing
serious
bodily
injury
florida
construction
reinforced
congress
use
term
crime
violence
ina
enacted
see
foreign
relations
authorization
act
fiscal
years
stat
hereinafter
fraa
section
ina
renders
inadmissible
alien
previously
exercised
diplomatic
immunity
criminal
jurisdiction
committing
serious
criminal
offense
section
defines
term
serious
criminal
offense
mean
felony
crime
violence
defined
section
title
crime
reckless
driving
driving
intoxicated
influence
alcohol
prohibited
substances
crime
involves
personal
injury
another
emphasis
added
congress
separate
listing
offense
definition
crime
violence
revealing
interpreting
include
dui
offenses
government
urges
leave
practically
devoid
significance
must
give
effect
every
word
statute
wherever
possible
see
duncan
walker
distinct
provision
offenses
bolsters
conclusion
encompass
dui
case
present
us
question
whether
state
federal
offense
requires
proof
reckless
use
force
person
property
another
qualifies
crime
violence
dui
statutes
florida
require
mental
state
respect
use
force
another
person
thus
reaching
individuals
negligent
less
drunk
driving
nationwide
problem
evidenced
efforts
legislatures
prohibit
conduct
impose
appropriate
penalties
fact
warrant
shoehorning
statutory
sections
fit
judgment
appeals
eleventh
circuit
therefore
reversed
case
remanded
proceedings
consistent
opinion
ordered
footnotes
congress
first
made
commission
aggravated
felony
grounds
alien
removal
defined
term
include
offenses
murder
drug
trafficking
crimes
firearm
trafficking
offenses
see
abuse
act
stat
since
congress
frequently
amended
definition
aggravated
felony
broadening
scope
offenses
render
alien
deportable
see
antiterrorism
effective
death
penalty
act
stat
adding
number
offenses
ina
illegal
immigration
reform
immigrant
responsibility
act
iirira
stat
inclusion
crime
violence
aggravated
felony
came
see
immigration
act
stat
petitioner
first
appealed
bia
position
violation
dui
statutes
similar
florida
counted
crime
violence
see
matter
bia
en
banc
petitioner
received
decision
appeal
due
clerical
error
relevant
bia
another
case
reversed
position
held
dui
offenses
mens
rea
least
recklessness
crimes
violence
within
meaning
see
matter
ramos
bia
en
banc
however
bia
held
ramos
follow
law
circuit
circuits
addressed
question
whether
driving
influence
crime
violence
found
eleventh
circuit
ruling
le
controlling
affirmed
immigration
judge
removal
order
see
app
pet
cert
pursuant
iirira
eleventh
circuit
without
jurisdiction
review
bia
removal
order
case
petitioner
removable
reason
committed
certain
criminal
offenses
including
covered
aggravated
felony
see
eleventh
circuit
held
petitioner
conviction
offense
concluded
jurisdiction
consider
removal
order
instance
number
statutes
criminalize
conduct
element
commission
crime
violence
see
prohibiting
distribution
information
relating
explosives
destructive
devices
weapons
mass
destruction
relation
crime
violence
statutory
provisions
make
classification
offense
crime
violence
consequential
purposes
inter
alia
extradition
restitution
see
term
crime
violence
incorporated
number
noncriminal
enactments
see
iii
rendering
alien
deportable
committing
crime
violence
petitioner
charged
see
code
west
rev
stat
lexis
stat
code
ann
lexis
idaho
code
lexis
comp
stat
ch
west
ind
code
iowa
code
rev
stat
ann
lexis
supp
rev
stat
tit
west
supp
comp
laws
supp
neb
rev
stat
cum
supp
rev
stat
ann
ii
west
stat
ann
west
supp
stat
ann
cent
code
lexis
ohio
rev
code
ann
lexis
stat
tit
west
cons
stat
supp
laws
lexis
tex
penal
code
ann
west
stat
tit
lexis
supp
rev
code
stat
wyo
stat
lexis
see
cal
veh
code
west
del
code
tit
lexis
la
stat
ann
west
supp
md
crim
law
code
lexis
miss
code
ann
lexis
mo
ann
stat
west
mont
code
ann
rev
stat
code
ann
codified
laws
west
supp
utah
code
ann
ii
lexis
supp
code
lexis
thus
plainly
encompass
offenses
create
substantial
risk
injury
result
person
conduct
substantial
risk
relates
use
force
possible
effect
person
conduct
compare
requiring
substantial
risk
physical
force
person
property
another
may
used
sentencing
commission
guidelines
manual
context
sentencing
enhancement
defining
crime
violence
meaning
inter
alia
conduct
presents
serious
potential
risk
physical
injury
another
risk
accident
may
occur
individual
drives
intoxicated
simply
thing
risk
individual
may
use
physical
force
another
committing
dui
offense
see
ins
even
lacked
clarity
point
constrained
interpret
ambiguity
statute
petitioner
favor
although
deal
deportation
context
criminal
statute
criminal
noncriminal
applications
must
interpret
statute
consistently
whether
encounter
application
criminal
noncriminal
context
rule
lenity
applies
cf
arms
plurality
opinion
applying
rule
lenity
tax
statute
civil
setting
statute
criminal
applications
thus
interpreted
consistently
criminal
applications
point
carries
significant
weight
particular
context
case
congress
incorporated
aggravated
felony
ina
see
immigration
act
stat
congress
enacted
incorporation
separate
provision
covering
offenses
nine
months
earlier
see
fraa
stat
congress
distinguished
crime
violence
offenses
included
shortly
thereafter
making
crime
violence
aggravated
felony
strongly
supports
construction