Drunk Driving and Deportation

[Sba]

Looks like the Supreme Court has decided that drunk driving is not a deportable offense.

See
http://www.nytimes.com/aponline/national/AP-Scotus-Immigration.html
(needs registration)

or

http://www.nytimes.com/aponline/national/AP-Scotus-Immigration.html

 

[bb_5555]

you beat me to it

I was hoping to give everyone the good news

I just read the ruling right now

it was a rare unanimous decision by the court

and the Bush loving chief justice wrote the order

 

[bb_5555]

now if you are that interested in reading the legal mumbo jumbo

here it is

http://a257.g.akamaitech.net/7/257/....supremecourtus.gov/opinions/04pdf/03-583.pdf

 

[AmericanWannabe]

But where is that one-year rule? i.e. any crime with maximum sentencing
>1 year is deportable?

So exatcly what is a deportable offense?

 

[bb_5555]

basically the ruling says that a simple dui by itself under florida law (and probably most states) is not a violent felony as what is required for deportation.

they left open the fact that if a person drunk driving hits someone or something that may be considered a violent felony.

 

[AmericanWannabe]

I think the probablity of being killed due to DUI is much
greater than that of being deported due to all causes combined

 

[daJudge]

"Drunk driving is a nationwide problem, as evidenced by the efforts of legislatures ... " respects to Rehnquist. Law has a human side too.

 

[Greengo]

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November 10, 2004: Attorney General John Ashcroft has resigned, the White House said -- the first signs of a second-term shakeup for the Bush administration. Ashcroft, one of the most controversial Cabinet appointees, said he believed the Justice Department would benefit from new leadership.
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Oh yes, the JD would surely benefit, because it can't become worse than it is already.

 

[hadron]

Well, the guy the case was about injured two people due to his reckless behaviour.
I agree that DUI alone shouldn't jeopardize your status, but I would have liked to see that case beeing made based on a straight DUI charge.

 

[AmericanWannabe]

----------------------------------------------------------------------------
November 10, 2004: Attorney General John Ashcroft has resigned, the White House said -- the first signs of a second-term shakeup for the Bush administration. Ashcroft, one of the most controversial Cabinet appointees, said he believed the Justice Department would benefit from new leadership.
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Oh yes, the JD would surely benefit, because it can't become worse than it is already.

I already heard a hispanic American is to replace him and this is the
first time a hispanic American take a cabinet postion

 

[Pork Chop]

----------------------------------------------------------------------------
November 10, 2004: Attorney General John Ashcroft has resigned, the White House said -- the first signs of a second-term shakeup for the Bush administration. Ashcroft, one of the most controversial Cabinet appointees, said he believed the Justice Department would benefit from new leadership.
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Oh yes, the JD would surely benefit, because it can't become worse than it is already.

good riddance to bad rubbish. about time we saw that holy roller's sorry ass...

 

[alren]

If you don't want to go through registration

Washington Post link is here.

 

[immigrationcom]

Hi! Does dirving ticket like passing school bus, speed (without injury ) has impact on the naturalization process. Thanks. ic

 

[gautam_t]

H1 stamping documents after DUI

Hi...

any of u guys have done H1 stamping in India after DUI....I am going to face the music soon....collecting the documents now...any response is highly appreciated...

G...

 

[JJBBKK]

http://boards.immigrationportal.com/showthread.php?t=153691


please read my reply on the post above...

Is this still the case nowadays??? What are the consequences of DUI???

 

[GreenCardVirus]

The laws haven't changed.
For immigration purposes, it still matters what the maximum penalty is.
With stuff like DUIs, before any plea bargain, guilty plea, etc., the immigration consequences should be discussed with a lawyer knowledgeable about immigration law.

This thread is woken up after a long time.

Generally speaking, a simple DUI with no other complications like accident etc should not be a problem for immigrations purposes. But, if you are extremely drunk, that might be a problem.

Some states like AZ, TX classify even the first DUI as a Felony, this might complicate a bit but I think it still can be overcome. (I am not sure if they take blood alcohol content into picture, like if it is double the legal limit).

 

[AmericanWannabe]

The chance that we will be killed by a DUI driver is far greater than
the chance that we are deported. I hate to see anyone get deported
for whatever reasons but those DUI offenders are really dumb and selfish.

 

[daJudge]

dont drink and drive, cause you might hit a bump and spill it, other than that, as long you could cover the behind.

 

[Calisto12]

What if the injured person is now in a wheelchair for the rest of her/his live ? I don't feel sorry for the driver. Remove drunken people from the street, first with jail and later with deportation. This is justified. DON'T DRINK AND DRIVE ! IT'S NOT AN ACCIDENT - IT'S YOUR CHOICE !!

You could go for camping, have a few glasses of wine outdoors, start your car engine just to charge your cell phone, get caugth by ranger police and get DUI for sure.

 

[mamamiax]

If you are law abiding, don't drink and drive

You could go for camping, have a few glasses of wine outdoors, start your car engine just to charge your cell phone, get caugth by ranger police and get DUI for sure.

First, you are not supposed to drink and drive. This can kill people. You should know before you drink if you want drive. Man... drink at home and sleep. It is crazy to drive when you are drunk..