Supreme Court

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.

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.

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.

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.

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).

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.

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.

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withdrawn, rehearing dismissed by Camacho-Marroquin v. INS,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).

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).