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Keywords

felonyparoledeportationnaturalization
felonydeportationnaturalization

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Bazan-Reyes v. Immigration and Naturalization Service

Facts

Petitioners Jose A. Bazan-Reyes, Wincenty Z. Maciasowicz, and Arnoldo Gomez-Vela were found removable by the INS and BIA due to their state drunk driving convictions. Bazan-Reyes, a Mexican citizen, had multiple DWI convictions and was paroled into the U.S. in 1988. Maciasowicz, a Polish citizen, was convicted of homicide by intoxicated use of a vehicle in Wisconsin. Gomez-Vela, a Mexican citizen, was charged with aggravated DUI after multiple convictions. All petitioners contested their removability based on the classification of their offenses as aggravated felonies.

Petitioners Jose A. Bazan-Reyes, Wincenty Z. Maciasowicz, and Arnoldo Gomez-Vela were found removable by the INS and BIA due to their state drunk driving convictions.

Issue

Are petitioners' state drunk driving convictions aggravated felonies as defined by the Immigration and Naturalization Act (INA)?

Are petitioners' state drunk driving convictions aggravated felonies as defined by the Immigration and Naturalization Act (INA)?

Rule

The term 'aggravated felony' includes a crime of violence as defined in 18 U.S.C. 16, which requires that the offense involves intentional force or poses a substantial risk of physical force.

The term 'aggravated felony' includes a crime of violence as defined in 18 U.S.C. 16, which requires that the offense involves intentional force or poses a substantial risk of physical force.

Analysis

The court applied the categorical approach to determine whether the petitioners' convictions for driving while intoxicated constituted crimes of violence under 18 U.S.C. 16. It found that the BIA's interpretation of 'crime of violence' to include reckless conduct, such as drunk driving, was not consistent with the requirement for intentional force. The court concluded that the petitioners' offenses did not meet the criteria for aggravated felonies.

The court applied the categorical approach to determine whether the petitioners' convictions for driving while intoxicated constituted crimes of violence under 18 U.S.C. 16. It found that the BIA's interpretation of 'crime of violence' to include reckless conduct, such as drunk driving, was not consistent with the requirement for intentional force.

Conclusion

The court vacated the deportation orders of Bazan-Reyes, Maciasowicz, and Gomez-Vela and remanded the case for proceedings consistent with its opinion.

The court vacated the deportation orders of Bazan-Reyes, Maciasowicz, and Gomez-Vela and remanded the case for proceedings consistent with its opinion.

Who won?

The petitioners prevailed in the case because the court found that their state drunk driving convictions were not aggravated felonies under the INA.

The petitioners prevailed in the case because the court found that their state drunk driving convictions were not aggravated felonies under the INA.

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