Mr. Smith was referring in part to a 1999 ruling by a 5th Circuit panel that an immigrant's third DWI conviction was a violent crime. But immigration attorneys note that the immigrant in that case appealed the ruling, asking for a hearing before the full court. He later withdrew his appeal and asked to be deported to avoid continued detention. The 5th Circuit in its decision this month mentioned that case but noted that the court had pulled back its ruling after the defendant withdrew his case. Officials at Irving-based Mothers Against Drunk Driving said they had not been able to review the 5th Circuit's ruling.
Repeat offenders are just as dangerous and deadly.
Lynn Ligon, a spokesman for the INS Dallas district office, said the 5th Circuit ruling has not affected any local deportation proceedings. Several INS officials cited the 1998 Board of Immigration Appeals ruling and said that until the board rules to the contrary, nothing will change. Mrs. Kozuba's husband, Daniel, was convicted of a felony drug offense in 1989 and served prison time. My impression from reading the case is that it did not make a third DWI non-deportable. She believes that means that anyone with a third DWI conviction will have the opportunity ask an immigration judge to consider extenuating circumstances, such as how long ago the offense occurred, rehabilitation, and ties to the community.