Dalton v. Ashcroft,
257 F.3d 200 (2d Cir. July 20, 2001) (New York conviction
of driving while intoxicated, in violation of New York Vehicle
and Traffic Law § 1192.3, did not necessarily constitute a
"crime of violence" under 18 U.S.C. § 16(b), since
a risk of the use of force is not an integral part of the
offense, and was thus not an aggravated felony under INA §
101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F) for deportation purposes).
jurisdiction:
Second Circuit