Josue Leocal is a citizen of Haiti who has been a lawful permanent resident of the United States since 1987.

The Board of Immigration Appeals affirmed this decision, and Leocal sought review in the Eleventh Circuit.

In an unpublished opinion, the Eleventh Circuit concluded that the DUI conviction was an "aggravated felony," and hence it had no jurisdiction to review the lawfulness of the deportation order.

This statute has no mens rea element—it does not require the defendant to have any particular level of intent to commit the crime.

The "use" of physical force "most naturally suggests a higher degree of intent than negligent or merely accidental conduct."