196 F.3d 1352 (11th Cir. 1999), 98-3609, Le v United States Attorney General I.N.S.

Docket Nº98-3609.
Citation196 F.3d 1352
Party NameDuan LE, Petitioner, v. U.S. ATTORNEY GENERAL, Immigration and Naturalization Service, Respondents.
Case DateDecember 03, 1999
CourtUnited States Courts of Appeals, Court of Appeals for the Eleventh Circuit

Page 1352

196 F.3d 1352 (11th Cir. 1999)

Duan LE, Petitioner,

v.

U.S. ATTORNEY GENERAL, Immigration and Naturalization Service, Respondents.

No. 98-3609.

United States Court of Appeals, Eleventh Circuit

December 3, 1999

Page 1353

Appeal from an Order of the Board of Immigration Appeals.

Before ANDERSON, Chief Judge, TJOFLAT, Circuit Judge, and FAY, Senior Circuit Judge.

PER CURIAM:

The sole question presented in this appeal is whether the offense of which petitioner was convicted is an aggravated felony under the controlling federal law. We hold that it is and meets the requirements of section 101(a)(43) of the Immigration and Nationality Act ("INA"). See 8 U.S.C. § 1101(a)(43)(F).

Petitioner, Duan Le, a Vietnam citizen, was convicted of two third degree felonies-driving under the influence with serious bodily injury1 and driving with a suspended license with serious bodily injury2-on December 30, 1996. On June 24, 1997, the Immigration and Naturalization Service ("INS") filed a notice to appear with the Executive Office of Immigration Review. The INS charged that Mr. Le was subject to removal from the United States because he had been convicted of an aggravated felony as defined in section 101(a)(43) of the INA. On September 11, 1997, the immigration judge found Mr. Le subject to deportation because he was convicted of an aggravated felony. Mr. Le appealed to the Board of Immigration Appeals ("Board") on September 23, 1997. On October 21, 1998, the Board affirmed the immigration judge's removal order and dismissed the appeal.

Mr. Le appeals the Board's determination that driving under the influence with serious bodily injury is an aggravated felony under section 101(a)(43)(F) of the INA. For the reasons set forth below, we hold that Mr. Le was convicted of an aggravated felony. Therefore, we do not have jurisdiction to review Mr. Le's deportation because section 242(a)(2)(C) of the INA provides that we do not have jurisdiction to review any final order of removal against an alien convicted of an aggravated felony. See 8 U.S.C. § 1252(a)(2)(C). Consequently, we AFFIRM the decision of the Board of Immigration Appeals and DISMISS the petition for review.

We review the Board's statutory interpretation of the INA de novo, but we will defer to the Board's interpretation if it

Page 1354

is reasonable. See Asencio v. INS, 37 F.3d 614 (11th Cir.1994). Accordingly, at issue here is whether the Board's determination that the crime of...

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40 practice notes
  • Deportation and driving: felony DUI and reckless driving as crimes of violence following Leocal v. Ashcroft.
    • United States
    • Journal of Criminal Law and Criminology Vol. 96 Nbr. 3, March 2006
    • 22 Marzo 2006
    ...so the two offenses are analyzed together. (3) See, e.g., Tapia Garcia v. INS, 237 F.3d 1216 (10th Cir. 2001); Le v. U.S. Attorney Gen., 196 F.3d 1352 (11th Cir. 1999). (4) Anti-Drug Abuse Act of 1988, tit. VII, sec. 7000, [section] 7342, 8 U.S.C. [section] 1101(a)(43)(F) (2000) (amending I......
  • 347 F.Supp.2d 1210 (M.D.Ala. 2004), Crim. A. 1 03CR283, United States v. McGill
    • United States
    • Federal Cases United States District Courts 11th Circuit Middle District of Alabama
    • 15 Diciembre 2004
    ...within the meaning of § 4B1.2. In reaching this conclusion, the court relied heavily on its prior ruling in Le v. U.S. Atty. Gen., 196 F.3d 1352 (11th Cir.1999), in which it held that a conviction for DUI causing serious bodily injury was a "crime of violence" under 8 U.S.C.A. § 1......
  • United States v. McGill, 121004 ALMDC, 1:03cr283-T
    • United States
    • Federal Cases United States District Courts 11th Circuit Middle District of Alabama
    • 10 Diciembre 2004
    ...within the meaning of § 4B1.2. In reaching this conclusion, the court relied heavily on its prior ruling in Le v. U.S. Atty. Gen. , 196 F.3d 1352 (11th Cir. 1999), in which it held that a conviction for DUI causing serious bodily injury was a crime of violence' under 8 U.S.C.A. § 1101(a)(43......
  • 257 F.3d 1304 (11th Cir. 2001), 99-15373, Fernandez-Bernal v Attorney General of the United States
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eleventh Circuit
    • 19 Julio 2001
    ...conviction for an offense enumerated in the statute." Galindo-Del Valle, 213 F.3d at 598; see Le v. United States Attorney General, 196 F.3d 1352, 1354 (11th Cir. 1999). That said, the jurisdictional bar in § 1252(a)(2)(C) is worded more broadly than that. By its plain language, it str......
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39 cases
  • 347 F.Supp.2d 1210 (M.D.Ala. 2004), Crim. A. 1 03CR283, United States v. McGill
    • United States
    • Federal Cases United States District Courts 11th Circuit Middle District of Alabama
    • 15 Diciembre 2004
    ...within the meaning of § 4B1.2. In reaching this conclusion, the court relied heavily on its prior ruling in Le v. U.S. Atty. Gen., 196 F.3d 1352 (11th Cir.1999), in which it held that a conviction for DUI causing serious bodily injury was a "crime of violence" under 8 U.S.C.A. § 1......
  • United States v. McGill, 121004 ALMDC, 1:03cr283-T
    • United States
    • Federal Cases United States District Courts 11th Circuit Middle District of Alabama
    • 10 Diciembre 2004
    ...within the meaning of § 4B1.2. In reaching this conclusion, the court relied heavily on its prior ruling in Le v. U.S. Atty. Gen. , 196 F.3d 1352 (11th Cir. 1999), in which it held that a conviction for DUI causing serious bodily injury was a crime of violence' under 8 U.S.C.A. § 1101(a)(43......
  • 257 F.3d 1304 (11th Cir. 2001), 99-15373, Fernandez-Bernal v Attorney General of the United States
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eleventh Circuit
    • 19 Julio 2001
    ...conviction for an offense enumerated in the statute." Galindo-Del Valle, 213 F.3d at 598; see Le v. United States Attorney General, 196 F.3d 1352, 1354 (11th Cir. 1999). That said, the jurisdictional bar in § 1252(a)(2)(C) is worded more broadly than that. By its plain language, it str......
  • 251 F.3d 919 (11th Cir. 2001), 00-10068, Moore v Ashcroft
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eleventh Circuit
    • 14 Mayo 2001
    ...defer to the BIA's interpretation if it is reasonable. Lettman v. Reno, 207 F.3d 1368, 1370 (11th Cir.2000); Le v. U.S. Attorney General, 196 F.3d 1352, 1353-54 (11th Cir.1999). Because of Congress' plenary power over aliens, we review federal classifications such as the one at issue in § 2......
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