Immigration · Primary-source case analysis

Leocal: Negligent DUI Was Not a Crime-of-Violence Aggravated Felony

By Aneeta Mishra and Timothy Chan

Published April 30, 2026

Leocal applies the categorical approach to the force language incorporated into the INA’s crime-of-violence aggravated-felony provision.

The conviction required no mental state beyond negligence

Josue Leocal was convicted under a Florida statute punishing DUI causing serious bodily injury. The statute could be violated without intentionally using force.

Use of force suggests active employment

Section 16(a) requires use, attempted use, or threatened use of physical force, language most naturally associated with intentional conduct rather than negligent causation.

The residual clause also required violent conduct

Section 16(b), as then applied, concerned offenses involving a substantial risk that force may be used in committing the offense. The Court distinguished risk of injury from risk of intentional force.

Disposition

The Court unanimously reversed the aggravated-felony determination. It left open questions involving reckless conduct and other statutory definitions.

Key takeaways

• Compare minimum statutory elements, not alleged facts.
• Identify the required mental state.
• Distinguish risk of injury from use of force.
• Analyze alternative immigration grounds separately.