Matter of Ramos, 23
I. & N. Dec. 336 (BIA Apr.

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withdrawn, rehearing dismissed by Camacho-Marroquin v. INS,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

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).

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.

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).