· 7/5/2001
Jose A. Bazan-Reyes, Wincenty Z. MacIasowicz and Arnoldo Gomez-Vela v. Immigration and Naturalization Service and John D. Ashcroft
Citations
- 256 F.3d 600
- 2001 U.S. App. LEXIS 15053
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “use of force” as contemplated by § 16(a) and § 16(b) requires intentional use
- holding that homicide by intoxicated use of motor vehicle, as well as other drunk driving offenses, is not a crime of violence under section 16(b)
- holding that DUI and homicide by intoxicated use of a vehicle are not crimes of violence
- holding that deportation statute required intent higher than recklessness or negligence, thus making a conviction for homicide by intoxicated use of a motor vehicle not a crime of violence under § 16(a)
- holding that deportation statute required intent higher than recklessness or negligence, thus making a conviction for homicide by intoxicated use of a mo‐ tor vehicle not a crime of violence under § 16(a)
- holding that the \use\ prong contained in § 16(a) required an intentional use of force and therefore a defendant's prior conviction for homicide by intoxicated use of a vehicle is not a crime of violence under § 16(a)
Source: CourtListener parenthetical corpus (CC0).
Judges: Flaum, Ripple, Kanne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.