Summary
The Eleventh Circuit denied Woff Senatus’s petition for review of the Board of Immigration Appeals’ denial of his motion to reopen removal proceedings. The court held that aggravated assault under Florida Statute § 784.021(1)(a) categorically qualifies as a crime of violence under 18 U.S.C. § 16 and therefore supports removal as an aggravated felony, relying on the Somers decisions.
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Questions Presented
- Whether Senatus's Florida aggravated-assault conviction under Florida Statute § 784.021(1)(a) categorically qualifies as a crime of violence under 8 U.S.C. § 1101(a)(43)(F) and 18 U.S.C. § 16.
- Whether the Eleventh Circuit's decisions in Somers required treating Florida aggravated assault as requiring more than recklessness, including for convictions predating the Florida Supreme Court's decision in Somers II.
- Whether the BIA abused its discretion in denying Senatus's motion to reopen based on alleged ineffective assistance of counsel.
- Whether the court should reach the government's argument that the petition was untimely or equitably toll the 30-day filing deadline.
Holdings
- A conviction for aggravated assault under Florida Statute § 784.021(1)(a) categorically qualifies as a crime of violence under 18 U.S.C. § 16 and therefore qualifies as an aggravated felony supporting removal under 8 U.S.C. § 1101(a)(43)(F).
- For purposes of the categorical approach in this case, Senatus cannot avoid the controlling holding that Florida aggravated assault requires more than recklessness merely by relying on earlier Florida intermediate appellate decisions or by arguing that Somers II was not expressly retroactive.
- The BIA did not abuse its discretion in denying Senatus's motion to reopen because his challenge to the crime-of-violence predicate was foreclosed and he therefore could not show prejudice from counsel's alleged failure to raise it.
- The court did not reach whether equitable tolling is available for the 30-day filing deadline in 8 U.S.C. § 1252(b)(1), and denied the government's motion to dismiss as moot because the petition failed on the merits.
Key quotations
“Thus, our caselaw instructs that aggravated assault pursuant to Florida Statute § 784.021(1)(a) qualifies as a violent felony, making Senatus’s removal proper.” (at 8)
“We thus conclude that Senatus’s Florida conviction qualifies as a “crime of violence” under 18 U.S.C. § 16 such that his removal was proper.” (at 12)
“For these reasons, we DENY Senatus’s petition for review.” (at 12)
Factual background
Woff Senatus, a Haitian citizen and lawful permanent resident since 2002, was convicted in Florida in 2021 of aggravated assault with a firearm under Florida Statute § 784.021(1)(a) and sentenced to 14 months' imprisonment and three years' probation. DHS initiated removal proceedings based on the conviction as an aggravated felony crime of violence. Senatus conceded removability, unsuccessfully sought asylum and withholding of removal, and was deported to Haiti in or around June 2023. He later moved to reopen, arguing that ineffective assistance prevented him from challenging whether his conviction qualified as a crime of violence because Florida law allegedly permitted conviction based on recklessness.
Procedural history
The Department of Homeland Security initiated removal proceedings after Senatus was convicted in Florida of aggravated assault with a firearm. Senatus conceded removability, pursued asylum and withholding of removal, and the Immigration Judge denied that application; the BIA affirmed. After removal, Senatus filed a motion to reopen alleging ineffective assistance based on counsel's failure to challenge whether his Florida conviction was a crime of violence, but the BIA denied reopening. He petitioned the Eleventh Circuit for review. The court denied the petition on the merits and denied as moot the government's motion to dismiss based on untimeliness.