Safe Havens
§ 8.61 1. Driving Under the Influence
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Updates
Sixth Circuit
RELIEF - DISCRETIONARY DECISIONS - CONSIDERATION OF DUI CONVICTIONS
Kouljinski v. Keisler, 505 F.3d 534 (6th Cir. Oct. 16, 2007) (immigration judge may consider noncitizen's three convictions for driving under the influence of alcohol in denying the application for asylum as a matter of discretion).
Ninth Circuit
CRIME OF MORAL TURPITUDE - DRIVING ON SUSPENDED LICENSE UNDER INFLUENCE VERSUS BEING IN CONTROL OF VEHICLE
Hernandez-Martinez v. Ashcroft, 343 F.3d 1075 (9th Cir. 2003) (Arizona conviction under former ARS 28-697A is "divisible" in that the offense can be committed by either driving on a suspended license while under the influence of alcohol [a crime of moral turpitude], or by merely being in actual physical control of a vehicle [not a crime of moral turpitude]).