OPINION OF THE COURT
LEOCAL V. ASHCROFT
543 U. S. ____ (2004)
SUPREME COURT OF THE UNITED STATES
NO. 03-583
JOSUE LEOCAL, PETITIONER
v. JOHN D.
ASHCROFT, ATTORNEY GENERAL, et al.
on writ of certiorari to the united states court of
appeals for the eleventh circuit
[November 9, 2004]
Chief Justice Rehnquist delivered
the opinion of the Court.
Petitioner Josue Leocal, a
Haitian citizen who is a lawful permanent resident of the United
States, was convicted in 2000 of driving under the influence of
alcohol (DUI) and causing serious bodily injury, in violation of
Florida law. See Fla. Stat. §316.193(3)(c)(2) (2003). Classifying
this conviction as a “crime of violence” under 18 U. S. C.
§16, and therefore an “aggravated felony” under the Immigration and
Nationality Act (INA), an Immigration Judge and the Board of
Immigration Appeals (BIA) ordered that petitioner be deported
pursuant to §237(a) of the INA. The Court of Appeals for the
Eleventh Circuit agreed, dismissing petitioner’s petition for
review. We disagree and hold that petitioner’s DUI conviction is
not a crime of violence under 18 U. S. C. §16.
Petitioner immigrated to the United States in
1980 and became a lawful permanent resident in 1987. In January
2000, he was charged with two counts of DUI causing serious bodily
injury under Fla. Stat. §316.193(3)(c)(2), after he caused an
accident resulting in injury to two people. He pleaded guilty to
both counts and was sentenced to two and a half years in
prison.
In November 2000, while he was serving his
sentence, the Immigration and Naturalization Service (INS)
initiated removal proceedings against him pursuant to §237(a) of
the INA. Under that provision, “[a]ny alien who is convicted of an
aggravated felony … is deportable” and may be removed upon an order
of the Attorney General. 66 Stat. 201, 8 U. S. C.
§1227(a)(2)(A)(iii). Section 101(a)(43) of the INA defines
“aggravated felony” to include,
inter alia, “a crime of
violence (as defined in section 16 of title 18, but not including a
purely political offense) for which the term of imprisonment [is]
at least one year.”[
Footnote 1]
8 U. S. C. §1101(a)(43)(F) (footnote omitted). Title 18 U.
S. C. §16, in turn, defines the term “crime of violence” to
mean:
“(a) an offense that has as an element the use,
attempted use, or threatened use of physical force against the
person or property of another, or
“(b) 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.”
Here, the INS claimed that petitioner’s DUI
conviction was a “crime of violence” under §16, and therefore an
“aggravated felony” under the INA.
In October 2001, an Immigration Judge found
petitioner removable, relying upon the Eleventh Circuit’s decision
in
Le v.
United States Attorney General,
196 F. 3d 1352 (1999)
(per curiam), which held that a
conviction under the Florida DUI statute qualified as a crime of
violence. The BIA affirmed.[
Footnote 2] Petitioner completed his sentence and was
removed to Haiti in November 2002. In June 2003, the Court of
Appeals for the Eleventh Circuit dismissed petitioner’s petition
for review, relying on its previous ruling in
Le,
supra.[
Footnote 3]
App. to Pet. for Cert. 5a–7a. We granted certiorari,
540 U. S. 1176 (2004),
to resolve a conflict among the Courts of Appeals on the question
whether state DUI offenses similar to the one in Florida, which
either do not have a
mens rea component or require only a
showing of negligence in the operation of a vehicle, qualify as a
crime of violence. Compare
Le,
supra, at 1354;
and
Omar v.
INS, 298 F. 3d 710, 715–718 (CA8
2002), with
United States v.
Trinidad-Aquino, 259
F. 3d 1140, 1145–1146 (CA9 2001);
Dalton v.
Ashcroft, 257 F. 3d 200, 205–206 (CA2 2001);
Bazan-Reyes v.
INS, 256 F. 3d 600, 609–611
(CA7 2001); and
United States v.
Chapa-Garza, 243
F. 3d 921, 926–927 (CA5), amended, 262 F. 3d 479 (CA5
2001)
(per curiam); see also
Ursu v.
INS, 20 Fed. Appx. 702 (CA9 2001) (following
Trinidad-Aquino,
supra, and ruling that a
violation of the Florida DUI statute at issue here and in
Le does not count as a “crime of violence”). We now
reverse the Eleventh Circuit.
***
Title 18 U. S. C. §16 was
enacted as part of the Comprehensive Crime Control Act of 1984,
which broadly reformed the federal criminal code in such areas as
sentencing, bail, and drug enforcement, and which added a variety
of new violent and nonviolent offenses. §1001(a), 98 Stat. 2136.
Congress employed the term “crime of violence” in numerous places
in the Act, such as for defining the elements of particular
offenses, see,
e.g., 18 U. S. C. §1959 (prohibiting
threats to commit crimes of violence in aid of racketeering
activity), or for directing when a hearing is required before a
charged individual can be released on bail, see §3142(f) (requiring
a pretrial detention hearing for those alleged to have committed a
crime of violence). Congress therefore provided in §16 a general
definition of the term “crime of violence” to be used throughout
the Act. See §1001(a), 98 Stat. 2136. Section 16 has since been
incorporated into a variety of statutory provisions, both criminal
and noncriminal.[
Footnote
4]
Here, pursuant to §237(a) of the INA, the
Court of Appeals applied §16 to find that petitioner’s DUI
conviction rendered him deportable. In determining whether
petitioner’s conviction falls within the ambit of §16, the statute
directs our focus to the “offense” of conviction. See §16(a)
(defining a crime of violence as “
an offense that has
as an element the use . . . of physical force against the
person or property of another” (emphasis added)); §16(b) (defining
the term 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” (emphasis added)). This language
requires us to look to the elements and the nature of the offense
of conviction, rather than to the particular facts relating to
petitioner’s crime.
Florida Stat. §316.193(3)(c)(2) makes it a
third-degree felony for a person to operate a vehicle while under
the influence and, “by reason of such operation, caus[e] …
[s]erious bodily injury to another.” The Florida statute, while it
requires proof of causation of injury, does not require proof of
any particular mental state. See
State v.
Hubbard, 751 So. 2d 552, 562–564 (Fla. 1999)
(holding, in the context of a DUI manslaughter conviction under
§316.193, that the statute does not contain a
mens rea
requirement). Many States have enacted similar statutes,
criminalizing DUI causing serious bodily injury or death without
requiring proof of any mental state,[
Footnote 5] or, in some States, appearing to require only
proof that the person acted negligently in operating the
vehicle.[
Footnote 6] The
question here is whether §16 can be interpreted to include such
offenses.
Our analysis begins with the language of the
statute. See
Bailey v.
United States, 516 U. S. 137, 144
(1995). The plain text of §16(a) states that an offense, to qualify
as a crime of violence, must have “as an element the use, attempted
use, or threatened use of physical force against the person or
property of another.” We do not deal here with an
attempted or
threatened use of force. Petitioner
contends that his conviction did not require the “use” of force
against another person because the most common employment of the
word “use” connotes the
intentional availment of force,
which is not required under the Florida DUI statute. The Government
counters that the “use” of force does not incorporate any
mens
rea component, and that petitioner’s DUI conviction
necessarily includes the use of force. To support its position, the
Government dissects the meaning of the word “use,” employing
dictionaries, legislation, and our own case law in contending that
a use of force may be negligent or even inadvertent.
Whether or not the word “use” alone supplies a
mens rea element, the parties’ primary focus on that word
is too narrow. Particularly when interpreting a statute that
features as elastic a word as “use,” we construe language in its
context and in light of the terms surrounding it. See
Smith v.
United States, 508 U. S. 223, 229
(1993);
Bailey, supra, at 143. The critical
aspect of §16(a) is that a crime of violence is one involving the
“use … of physical force
against the person or property of
another.” (Emphasis added.) As we said in a similar context in
Bailey, “use” requires active employment. 516 U. S., at
145. While one may, in theory, actively employ
something
in an accidental manner, it is much less natural to say that a
person actively employs physical force against another person by
accident. Thus, a person would “use . . . physical force against”
another when pushing him; however, we would not ordinarily say a
person “use[s] . . . physical force against” another by stumbling
and falling into him. When interpreting a statute, we must give
words their “ordinary or natural” meaning.
Smith,
supra, at 228. The key phrase in §16(a)—the “use . . . of
physical force against the person or property of another”—most
naturally suggests a higher degree of intent than negligent or
merely accidental conduct. See
United States v.
Trinidad-Aquino, 259 F. 3d, at 1145;
Bazan-Reyes v.
INS, 256 F. 3d, at 609.
Petitioner’s DUI offense therefore is not a crime of violence under
§16(a).
Neither is petitioner’s DUI conviction a crime
of violence under §16(b). Section 16(b) sweeps more broadly than
§16(a), defining a crime of violence as including “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.”
But §16(b) does not thereby encompass all negligent misconduct,
such as the negligent operation of a vehicle. It simply covers
offenses that naturally involve a person acting in disregard of the
risk that physical force might be used against another in
committing an offense. The reckless disregard in §16 relates
not to the general conduct or to the possibility that harm
will result from a person’s conduct, but to the risk that the use
of physical force against another might be required in committing a
crime.[
Footnote 7] The classic
example is burglary. A burglary would be covered under §16(b)
not because the offense can be committed in a generally
reckless way or because someone may be injured, but because
burglary, by its nature, involves a substantial risk that the
burglar will use force against a victim in completing the
crime.
Thus, while §16(b) is broader than §16(a) in
the sense that physical force need not actually be applied, it
contains the same formulation we found to be determinative in
§16(a): the use of physical force against the person or property of
another. Accordingly, we must give the language in §16(b) an
identical construction, requiring a higher
mens rea than
the merely accidental or negligent conduct involved in a DUI
offense. This is particularly true in light of §16(b)’s requirement
that the “substantial risk” be a risk of using physical force
against another person “in the course of committing the offense.”
In no “ordinary or natural” sense can it be said that a person
risks having to “use” physical force against another person in the
course of operating a vehicle while intoxicated and causing
injury.
In construing both parts of §16, we cannot
forget that we ultimately are determining the meaning of the term
“crime of violence.” The ordinary meaning of this term, combined
with §16’s emphasis on the use of physical force against another
person (or the risk of having to use such force in committing a
crime), suggests a category of violent, active crimes that cannot
be said naturally to include DUI offenses. Cf.
United
States v.
Doe, 960 F. 2d 221, 225 (CA1 1992)
(Breyer, C. J.) (observing that the term “violent felony” in 18 U.
S. C. §924(e) (2000 ed. and Supp. II) “calls to mind a
tradition of crimes that involve the possibility of more closely
related, active violence”). Interpreting §16 to encompass
accidental or negligent conduct would blur the distinction between
the “violent” crimes Congress sought to distinguish for heightened
punishment and other crimes. See
United States v.
Lucio-Lucio, 347 F. 3d 1202, 1205–1206 (CA10
2003).
Section 16 therefore cannot be read to include
petitioner’s conviction for DUI causing serious bodily injury under
Florida law.[
Footnote 8] This
construction is reinforced by Congress’ use of the term “crime of
violence” in §101(h) of the INA, which was enacted in 1990. See
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991,
§131, 104 Stat. 31 (hereinafter FRAA). Section 212(a)(2)(E) of the
INA renders inadmissible any alien who has previously exercised
diplomatic immunity from criminal jurisdiction in the United States
after committing a “serious criminal offense.” 8 U. S. C.
§1182(a)(2)(E). Section 101(h) defines the term “serious criminal
offense” to mean:
“(1) any felony;
“(2) any crime of violence, as defined in section 16 of title
18;
or
“(3) any crime of reckless driving or of driving while
intoxicated or under the influence of alcohol or of prohibited
substances if such crime involves personal injury to another.” 8 U.
S. C. §1101(h) (emphasis added).
Congress’ separate listing of the
DUI-causing-injury offense from the definition of “crime of
violence” in §16 is revealing. Interpreting §16 to include DUI
offenses, as the Government urges, would leave §101(h)(3)
practically devoid of significance. As we must give effect to every
word of a statute wherever possible, see Duncan v.
Walker, 533
U. S. 167, 174 (2001), the distinct provision for these
offenses under §101(h) bolsters our conclusion that §16 does not
itself encompass DUI offenses.[
Footnote 9]
This case does not present us with the
question whether a state or federal offense that requires proof of
the
reckless use of force against a person or property of
another qualifies as a crime of violence under 18 U. S. C.
§16. DUI statutes such as Florida’s do not require any mental state
with respect to the use of force against another person, thus
reaching individuals who were negligent or less. Drunk driving is a
nationwide problem, as evidenced by the efforts of legislatures to
prohibit such conduct and impose appropriate penalties. But this
fact does not warrant our shoehorning it into statutory sections
where it does not fit. The judgment of the United States Court of
Appeals for the Eleventh Circuit is therefore reversed, and the
case is remanded for further proceedings consistent with this
opinion.
It is so ordered.
Footnote 1
Congress first made commission of an
aggravated felony grounds for an alien’s removal in 1988, and it
defined the term to include offenses such as murder, drug
trafficking crimes, and firearm trafficking offenses. See Anti-Drug
Abuse Act of 1988, §§7342, 7344, 102 Stat. 4469, 4470. Since then,
Congress has frequently amended the definition of aggravated
felony, broadening the scope of offenses which render an alien
deportable. See,
e.g., Antiterrorism and Effective Death
Penalty Act of 1996, §440(e), 110 Stat. 1277 (adding a number of
offenses to §101(a)(43) of the INA); Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), §321, 110 Stat.
3009–627 (same). The inclusion of any “crime of violence” as an
aggravated felony came in 1990. See Immigration Act of 1990, §501,
104 Stat. 4978, 5048.
Footnote 2
When petitioner first appealed, the BIA’s
position was that a violation of DUI statutes similar to Florida’s
counted as a crime of violence under 18 U. S. C. §16. See,
e.g.,
Matter of Puente-Salazar, 22
I. & N. Dec. 1006, 1012–1013 (BIA 1999) (en banc).
Before petitioner received a decision from his appeal (due to a
clerical error not relevant here), the BIA in another case reversed
its position from
Puente-Salazar and held that DUI
offenses that do not have a
mens rea of at least
recklessness are not crimes of violence within the meaning of §16.
See
Matter of Ramos, 23 I. & N. Dec. 336,
346 (BIA 2002) (en banc). However, because the BIA held in
Ramos that it would “follow the law of the circuit in
those circuits that have addressed the question whether driving
under the influence is a crime of violence,”
id., at
346–347, and because it found the Eleventh Circuit’s ruling in
Le controlling, it affirmed the Immigration Judge’s
removal order. See App. to Pet. for Cert. 1a–4a.
Footnote 3
Pursuant to the IIRIRA, the Eleventh Circuit
was without jurisdiction to review the BIA’s removal order in this
case if petitioner was “removable by reason of having committed”
certain criminal offenses, including those covered as an
“aggravated felony.” See 8 U. S. C. §1252(a)(2)(C). Because
the Eleventh Circuit held that petitioner’s conviction was such an
offense, it concluded that it had no jurisdiction to consider the
removal order.
Footnote 4
For instance, a number of statutes
criminalize conduct that has as an element the commission of a
crime of violence under §16. See,
e.g., 18 U. S. C.
§842(p) (prohibiting the distribution of information relating to
explosives, destructive devices, and weapons of mass destruction in
relation to a crime of violence). Other statutory provisions make
classification of an offense as a crime of violence consequential
for purposes of,
inter alia, extradition and restitution.
See §§3181(b), 3663A(c). And the term “crime of violence” under §16
has been incorporated into a number of noncriminal enactments. See,
e.g., 8 U. S. C. §1227(a)(2)(A)(iii) (rendering an
alien deportable for committing a crime of violence, as petitioner
is charged here).
Footnote 5
See,
e.g., Ala. Code §13A–6–20(a)(5)
(West 1994); Colo. Rev. Stat. §18–3–205(1)(b)(I) (Lexis 2003);
Conn. Gen. Stat. §53a–60d(a) (2003); Ga. Code Ann. §40–6–394 (Lexis
2004); Idaho Code §18–8006(1) (Lexis 2004); Ill. Comp. Stat. Ann.,
ch. 625, §5/11–501(d)(1)(C) (West 2002); Ind. Code §9–30–5–4
(1993); Iowa Code §707.6A(4) (2003); Ky. Rev. Stat. Ann.
§§189A.010(1) and (11)(c) (Lexis Supp. 2004); Me. Rev. Stat. Ann.,
Tit. 29–A, §2411(1–A)(D)(1) (West Supp. 2003); Mich. Comp. Laws
§257.625(5) (2001 and Supp. 2004); Neb. Rev. Stat. §60–6,198(1)
(2002 Cum. Supp.); N. H. Rev. Stat. Ann. §§265:82–a(I)(b) and
(II)(b) (West 2004); N. J. Stat. Ann. §2C:12–1(c) (West Supp.
2003); N. M. Stat. Ann. §§66–8–101(B) and (C) (2004);
N. D. Cent. Code §39–09–01.2(1)(c) (Lexis 1987); Ohio Rev.
Code Ann. §2903.08(A)(1)(a) (Lexis 2003); Okla. Stat. Ann., Tit.
47, §11–904(B)(1) (West 2001); 75 Pa. Cons. Stat. §3804(b) (Supp.
2003); R. I. Gen. Laws §31–27–2.6(a) (Lexis 2002); Tex. Penal
Code Ann. §49.07(a)(1) (West 2003); Vt. Stat. Ann., Tit. 23,
§1210(f) (Lexis Supp. 2004); Wash. Rev. Code §46.61.522(1)(b)
(1994); Wis. Stat. §940.25(1) (1999–2000); Wyo. Stat. §31–5–233(h)
(Lexis 2003).
Footnote 6
See,
e.g., Cal. Veh. Code §23153
(West 2000); Del. Code Ann., Tit. 11, §§628(2), 629 (Lexis 1995);
La. Stat. Ann. §§14:39.1(A), 14:39.2(A) (West 1997 and Supp. 2004);
Md. Crim. Law Code Ann., §§3–211(c) and (d) (Lexis 2004); Miss.
Code Ann. §63–11–30(5) (Lexis 2004); Mo. Ann. Stat. §565.060.1(4)
(West 2000); Mont. Code Ann. §45–5–205(1) (2003); Nev. Rev. Stat.
§484.3795(1) (2003); S. C. Code Ann. §56–5–2945(A)(1) (2003);
S. D. Codified Laws §22–16–42 (West Supp. 2003); Utah Code
Ann. §§41–6–44(3)(a)(ii)(A) and (3)(b) (Lexis Supp. 2004);
W. Va. Code §17C–5–2(c) (Lexis 2004).
Footnote 7
Thus, §16(b) plainly does not encompass all
offenses which create a “substantial risk” that injury will result
from a person’s conduct. The “substantial risk” in §16(b) relates
to the use of force, not to the possible effect of a person’s
conduct. Compare §16(b) (requiring a “substantial risk that
physical force against the person or property of another may be
used”), with United States Sentencing Commission, Guidelines Manual
§4B1.2(a)(2) (Nov. 2003) (in the context of a career-offender
sentencing enhancement, defining “crime of violence” as meaning,
inter alia, “conduct that presents a serious potential
risk of physical injury to another”). The risk that an accident may
occur when an individual drives while intoxicated is simply not the
same thing as the risk that the individual may “use” physical force
against another in committing the DUI offense. See,
e.g.,
United States v.
Lucio-Lucio, 347 F. 3d
1202, 1205–1207 (CA10 2003);
Bazan-Reyes, v.
INS,
256 F. 3d 600, 609–610 (CA7 2001).
Footnote 8
Even if §16 lacked clarity on this point, we
would be constrained to interpret any ambiguity in the statute in
petitioner’s favor. Although here we deal with §16 in the
deportation context, §16 is a criminal statute, and it has both
criminal and noncriminal applications. Because we must interpret
the statute consistently, whether we encounter its application in a
criminal or noncriminal context, the rule of lenity applies. Cf.
United States v.
Thompson/Center Arms Co.,
504 U. S. 505,
517–518 (1992) (plurality opinion) (applying the rule of lenity to
a tax statute, in a civil setting, because the statute had criminal
applications and thus had to be interpreted consistently with its
criminal applications).
Footnote 9
This point carries significant weight in the
particular context of this case. Congress incorporated §16 as an
aggravated felony under §101(a)(43)(F) of the INA in 1990. See
Immigration Act of 1990, §501, 104 Stat. 5048 (Nov. 29, 1990).
Congress enacted §101(h), with its incorporation of §16
and a separate provision covering DUI-causing-injury
offenses, just nine months earlier. See FRAA, §131, 104 Stat. 31
(Feb. 16, 1990). That Congress distinguished between a crime of
violence and DUI-causing-injury offenses (and included both) in
§101(h), but did not do so shortly thereafter in making only a
crime of violence an aggravated felony under §101(a)(43)(F),
strongly supports our construction of §16.
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