W. R. Huff Asset Mgmt. Co., L. L. C. v. BT Securities Corp. 873 Xechem Int'l v. University of Tex. M. D. Anderson Cancer Ctr. Xiangwen Wu v. Salt Lake County Comm'n Yanez-Govea v. United States 883 Yant v. Gundy . . . . 1006 Zhuo Jian Ping v. Subdivision Office of INS Officials . Ziegler v. Alabama Ziegler v. Bank of America, NT & SA Ziegler v. Watkins Zimmer v. Fiserv Services, Inc. 822 863 1082 824 1188 CASES ADJUDGED IN THE SUPREME COURT OF THE UNITED STATES AT OCTOBER TERM, 2004 LEOCAL v. ASHCROFT, ATTORNEY GENERAL, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 03-583. Argued October 12, 2004-Decided November 9, 2004 Petitioner, a lawful permanent resident of the United States, pleaded guilty to two counts of driving under the influence of alcohol (DUI) and causing serious bodily injury in an accident, in violation of Florida law. While he was serving his prison sentence, the Immigration and Naturalization Service initiated removal proceedings pursuant to § 237(a) of the Immigration and Nationality Act (INA), which permits deportation of an alien convicted of "an aggravated felony." INA § 101(a)(43)(F) defines "aggravated felony" to include, inter alia, "a crime of violence [as defined in 18 U. S. C. §16] for which the term of imprisonment [is] at least one year." Title 18 U. S. C. § 16(a), in turn, defines "crime of violence" as "an offense that has as an element the use... of physical force against the person or property of another," and § 16(b) defines it as "any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense." An Immigration Judge and the Board of Immigration Appeals ordered petitioner's deportation, and the Eleventh Circuit dismissed his petition for review, relying on its precedent that a conviction under Florida's DUI statute is a crime of violence under 18 U. S. C. § 16. Held: State DUI offenses such as Florida's, which either do not have a mens rea component or require only a showing of negligence in the |