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Keywords

felony
felony

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Montiel-Barraza v. Immigration and Naturalization Service

Facts

Petitioner was convicted of driving under the influence of alcohol (DUI), with multiple prior convictions, in violation of California Vehicle Code sections 23152(a) and 23175. Because petitioner had four prior DUI convictions under Cal. Veh. Code 23152 within the past seven years, Cal. Veh. Code 23175 elevated his conviction to a felony and enhanced his sentence. He was sentenced to 16 months' imprisonment. The court previously held that driving under the influence of alcohol with injury to another, Cal. Veh. Code 23152, did not constitute a crime of violence and could not be an aggravated felony.

Petitioner was convicted of driving under the influence of alcohol (DUI), with multiple prior convictions, in violation of California Vehicle Code sections 23152(a) and 23175. Because petitioner had four prior DUI convictions under Cal. Veh. Code 23152 within the past seven years, Cal. Veh. Code 23175 elevated his conviction to a felony and enhanced his sentence. He was sentenced to 16 months' imprisonment. The court previously held that driving under the influence of alcohol with injury to another, Cal. Veh. Code 23152, did not constitute a crime of violence and could not be an aggravated felony.

Issue

Whether Montiel-Barraza's conviction for driving under the influence constituted an aggravated felony under 8 U.S.C. 1227(a)(2)(A)(iii).

Whether Montiel-Barraza's conviction for driving under the influence constituted an aggravated felony under 8 U.S.C. 1227(a)(2)(A)(iii).

Rule

A conviction for driving under the influence of alcohol with injury to another does not constitute a crime of violence and cannot be an aggravated felony.

A conviction for driving under the influence of alcohol with injury to another does not constitute a crime of violence and cannot be an aggravated felony.

Analysis

The court applied the rule by determining that since Montiel-Barraza's conviction was for a violation of Cal. Veh. Code 23152, which does not require proof of injury to another, it could not logically be considered an aggravated felony. The court referenced its previous ruling in Trinidad-Aquino, which established that a DUI conviction with injury does not qualify as a crime of violence, and thus, a lesser offense could not either.

The court applied the rule by determining that since Montiel-Barraza's conviction was for a violation of Cal. Veh. Code 23152, which does not require proof of injury to another, it could not logically be considered an aggravated felony. The court referenced its previous ruling in Trinidad-Aquino, which established that a DUI conviction with injury does not qualify as a crime of violence, and thus, a lesser offense could not either.

Conclusion

The appellate court concluded that Montiel-Barraza was not convicted of a 'crime of violence' and therefore was not convicted of an aggravated felony as defined in 8 U.S.C. 1101(a)(43)(F). The petition for review was granted.

The appellate court concluded that Montiel-Barraza was not convicted of a 'crime of violence' and therefore was not convicted of an aggravated felony as defined in 8 U.S.C. 1101(a)(43)(F). The petition for review was granted.

Who won?

Montiel-Barraza prevailed in the case because the court found that his DUI conviction did not meet the criteria for an aggravated felony.

Montiel-Barraza prevailed in the case because the court found that his DUI conviction did not meet the criteria for an aggravated felony.

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