The principal issue in this case was whether the respondent’s DWI conviction constitutes a "crime of violence."  The Texas statute under which the respondent was convicted prohibits "operating" a vehicle under the influence—which means a person can be convicted under the statute even if he or she is not actually driving the vehicle.  The respondent and several organizations that submitted amicus briefs argued that a conviction under this statute does not necessarily encompass conduct that poses a substantial risk of the use of physical force to the extent necessary to constitute a crime of violence.  However, the BIA disagreed, finding that the conviction is sufficient to satisfy the INA’s definition of a crime of violence because operating a motor vehicle while under the influence "may" create a substantial risk that physical force will be applied to cause injury.  Accordingly, the BIA concluded that the respondent’s conviction constituted an aggravated felony.