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Leocal v. Ashcroft

United States Supreme Court
543 U.S. 1 (2004)


Leocal (plaintiff) immigrated to the United States in 1980 and became a permanent resident in 1987. In January 2000, he was charged with two counts of DUI causing serious bodily injury under Florida law. He pleaded guilty to both counts and was sentenced to two and a half years in prison. In November 2000, the Immigration and Naturalization Service (INS) began removal proceedings pursuant to section 237(a) of the Immigration and Nationalization Act of 1952 (INA), which states that any alien is deportable if convicted of an aggravated felony. In October 2001, an immigration judge found him removable and the Board of Immigration Appeals affirmed. Leocal was removed to Haiti in November 2002. In June 2003, the Court of Appeals for the Eleventh Circuit dismissed his petition for review, and the Supreme Court granted certiorari on his appeal.

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