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Categorical Approach Or Categorical Chaos? A Critical Analysis Of The Inconsistencies In Determining Whether Felony Dwi Is A Crime Of Violence For Purposes Of Deportation Under 18 U.S.C. § 16, Timothy M. Mulvaney

Faculty Scholarship

This Note addresses whether felony DWI constitutes a crime of violence for purposes of deportation. Part II of this Note surveys Congress's broad power over immigration and the government's role in deportation. Part III identifies the standard categorical approach to felony DWI offenses employed by both the courts and the Board of Immigration Appeals (BIA) in removal proceedings and analyzes the various conclusions that the courts have reached when interpreting a "crime of violence" under 18 U.S.C. § 16(b). Part IV evaluates an apparent departure from the implementation of this categorical approach in Dalton v. Ashcroft, proposing that this departure …