DRIVING UNDER THE INFLUENCE CAUSING INJURY - CRIME OF VIOLENCE
Leocal v. Ashcroft, 543 U.S. 1, 125 S.Ct. 377 (Nov. 9, 2004) (Florida conviction of driving under the influence and accidentally causing serious bodily injury, in violation of Florida Stats. Ann. § 316.193(3)(c), did not constitute an aggravated felony as a crime of violence, under INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), for purposes of triggering deportation, since the offense did not have a mens rea requirement in excess of strict liability or negligence, sufficient to meet the statutory requirement of a substantial risk that the defendant would intentionally use force in the commission of the offense).

U.S.
Supreme Court

BIA

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE
Matter of Ramos, 23 I. & N. Dec. 336 (BIA Apr. 4, 2002) (Massachusetts conviction of operating a motor vehicle while under the influence of intoxicating liquor, in violation of Massachusetts General Laws, chapter 90, § 24(1)(a)(1), is not a felony that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense and is therefore not a crime of violence, so it cannot be an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)), overruling Matter of Puente-Salazar, 22 I. & N. Dec. 1006 (BIA Sept. 29, 1999), and Matter of Magallanes, 22 I. & N. Dec. 1 (BIA Mar. 19, 1998).

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE
Matter of Olivares-Martinez, 23 I. & N. Dec. 148 (BIA July 3, 2001) (under United States v. Chapa-Garza, 243 F.3d 921 (5th Cir. Mar. 1, 2001) and United States v. Hernandez-Avalos, 251 F.3d 505 (5th Cir. May 11, 2001), a Texas conviction for felony DWI is not a crime of violence under 18 U.S.C. § 16(b) (1994), and is therefore not an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), for purposes of removability in cases arising in the Fifth Circuit, so Matter of Puente-Salazar, 22 I. & N. Dec. 1006 (BIA Sept. 29, 1999), will not be applied there).

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE
Matter of Puente-Salazar, 22 I. & N. Dec. 1006 (BIA Sept. 29, 1999) (Texas conviction of driving while intoxicated under Texas Penal Code § 49.04, which is a felony as a result of a sentence enhancement statute, is a conviction for a crime of violence and therefore an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)), overruled by Matter of Ramos, 23 I. & N. Dec. 336 (BIA Apr. 4, 2002).

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE
Matter of Magallanes-Garcia, 22 I. & N. Dec. 1 (BIA Mar. 19, 1998) (conviction of aggravated driving while under the influence, with a two and a half year sentence, was a "crime of violence" and therefore an aggravated felony within the meaning of INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), triggering deportation under 8 U.S.C. § 1251(a)(2)(A)(iii)), overruled by Matter of Ramos, 23 I. & N. Dec. 336 (BIA Apr. 4, 2002).

Second Circuit

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE
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).

Fifth Circuit

INTOXICATION ASSAULT - CRIME OF VIOLENCE
United States v. Vargas-Duran, 356 F.3d 598 (5th Cir. Jan. 8, 2004) (en banc) (Texas conviction of intoxication assault - "by accident or mistake, while operating an aircraft, watercraft or motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another." - in violation of Tex. Penal Code § 49.07, did not constitute a crime of violence, and so was not an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), for purposes of a 16-level sentence enhancement for illegal re-entry under U.S.S.G. § 2L1.2(b)(1)(A)(ii), Application Note 1(B)(ii)(I) (2001), because the crime of violence definition requires that the defendant must intentionally avail him- or herself of the use, attempted use, or threatened use of physical force against the person of another, and that this must be an element of the predicate offense).

INTOXICATION ASSAULT - CRIME OF VIOLENCE
United States v. Vargas-Duran, 319 F.3d 194 (5th Cir. Jan. 16, 2003) (Texas conviction for intoxication assault, which requires proof that an intoxicated offender "cause[] serious bodily injury to another," in violation of Penal Code Ann. § 49.07, qualified as a "crime of violence," for purposes of the 16-level sentencing enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) (2001), because it has as an element the use of force against the person of another), overruled on rehearing en banc, 356 F.3d 598 (5th Cir. Jan. 8, 2004) (en banc), cert. denied, 125 S.Ct. 494 (2004).

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE
United States v. Cervantes-Nava, 281 F.3d 501 (5th Cir. Feb. 4, 2002), cert. denied, 122 S.Ct. 2379 (2002) (Texas conviction of driving while intoxicated was not a crime of violence aggravated felony, under INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), warranting increase in base offense level for illegal re-entry offense).

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE
United States v. Chapa-Garza, 243 F.3d 921 (5th Cir. Mar. 1, 2001), rehearing and rehearing en banc denied, 262 F.3d 479 (5th Cir. Aug. 20, 2001) (Texas conviction for felony driving while intoxicated, under Tex. Penal Code § 49.09 (providing that after two convictions for violating § 49.04, subsequent convictions are third-degree felonies), was not an aggravated felony crime of violence for sentencing purposes, because intentional force against the person or property of another is seldom, if ever, employed to commit the offense).

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE
United States v. DeSantiago-Gonzalez, 207 F.3d 261 (5th Cir. Mar. 20, 2000) (New Mexico convictions of misdemeanor offenses of driving while intoxicated, prior to deportation, qualified as "crimes of violence," to justify four-level increase in offense level under U.S.S.G. § 2L1.2(b)(1)(B)(ii) ("three or more misdemeanor crimes of violence or misdemeanor controlled substance offenses, increase by 4 levels") for subsequent illegal re-entry offense), rehearing and suggestion for rehearing en banc denied, 213 F.3d 640 (5th Cir. Apr. 18, 2000) (Table).

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE
Camacho-Marroquin v. INS, 188 F.3d 649 (5th Cir. Sept. 29, 1999) (Texas conviction of felony offense of driving while intoxicated was crime of violence and aggravated felony under INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F) for immigration purposes), opinion withdrawn, rehearing dismissed by Camacho-Marroquin v. INS, 222 F.3d 1040 (5th Cir. July 11, 2000).

Seventh Circuit

VEHICULAR HOMICIDE BY INTOXICATION - CRIME OF VIOLENCE
Bazan-Reyes v. INS, 256 F.3d 600 (7th Cir. July 5, 2001) (Wisconsin conviction for homicide by intoxicated use of vehicle, in violation of Wis.St.1996, § 940.09, was not an aggravated felony crime of violence, under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for deportation purposes, since offense required that offender actually hit someone, but did not require that he intentionally use force to achieve that result).

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE
Bazan-Reyes v. INS, 256 F.3d 600 (7th Cir. July 5, 2001) (Illinois conviction for felony drunk driving under 625 Ill. Comp. Stat. § 5/11-501(d)(1), because of two prior DUI convictions, was not "crime of violence" under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for deportation purposes).

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE
Bazan-Reyes v. INS, 256 F.3d 600, 603 (7th Cir. July 5, 2001) (Indiana conviction of a Class D felony, Operating a Vehicle While Intoxicated, with prior convictions, in violation of section 9-30-5-3 of the Indiana Code, with a sentence to three years imprisonment, was not an aggravated felony "crime of violence" under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for deportation purposes, since offense but did not require that the defendant intentionally use force).

Ninth Circuit

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE
Montiel-Barraza v. INS, 275 F.3d 1178 (9th Cir. Jan. 16, 2002) (California conviction of driving under the influence of alcohol in violation of California Vehicle Code § 23152(a), a felony under Vehicle Code § 23175 as a result of four prior DUI convictions, was not a crime of violence or an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F) for immigration purposes).

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE
United States v. Portillo-Mendoza, 273 F.3d 1224, 1226 (9th Cir. Dec. 17, 2001) (California DUI conviction with priors in violation of California Vehicle Code § 23152 and 23550 was not an aggravated felony for purposes of enhancing a sentence for illegal re-entry).

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE
United States v. Trinidad-Aquino, 259 F.3d 1140 (9th Cir. Aug. 8, 2001) (California conviction for driving under influence of alcohol with injury to another, a violation of California Vehicle Code § 23153, was not "crime of violence," and thus was not "aggravated felony" under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F) and did not warrant 16-level increase of illegal re-entry sentence under U.S.S.G. § 2L1.2(b)(1)(A)).

Tenth Circuit

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE
United States v. Torres-Ruiz, 387 F.3d 1179 (10th Cir. Nov. 2, 2004) (California conviction for felony driving under the influence of alcohol did not constitute a "crime of violence" for purposes of enhancing a federal sentence for illegal re-entry).

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE
United States v. Lucio-Lucio, 347 F.3d 1202 (10th Cir. Oct. 28, 2003) (Texas felony conviction of driving while intoxicated is not an aggravated felony crime of violence as defined by 18 U.S.C. § 16(b)).

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE
Tapia-Garcia v. INS, 237 F.3d 1216 (10th Cir. Jan. 19, 2001) (Idaho conviction of DUI drugs or alcohol offense, in violation of section 18-8004(5) of the Idaho Code, constituted a crime of violence and was therefore an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), triggering deportation).

Eleventh Circuit

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE
United States v. Rubio, 317 F.3d 1240 (11th Cir. Jan. 7, 2003) (driving under the influence with serious bodily injury is a crime of violence for purposes of the career offender provisions of the sentencing Guidelines).

DRIVING UNDER THE INFLUENCE WITH INJURY - CRIME OF VIOLENCE
Le v. U.S. Atty. Gen., 196 F.3d 1352 (11th Cir. Dec. 3, 1999) (Florida conviction of driving under the influence with serious bodily injury, in violation of F.S.A. § 316.193(3), was a "crime of violence," under 18 U.S.C. § 16(b), as required to be an "aggravated felony" under INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), for immigration purposes).