Woff Senatus v. U.S. Attorney General
Split Score
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Case Summary
Disposition
Affirmed
A lawful permanent resident, Woff Senatus, petitioned for review of the BIA’s refusal to reopen his removal proceedings, arguing that his 2021 Florida conviction for aggravated assault with a firearm is not a "crime of violence" that can trigger removal. Relying on its prior Somers line of cases, the Eleventh Circuit held that Florida aggravated assault categorically qualifies as a crime of violence and denied the petition, thereby affirming the BIA.
Circuit Split Identified
Legal Issue
Whether Florida aggravated assault under Fla. Stat. § 784.021(1)(a) qualifies as a categorical "crime of violence/violent felony" when the Florida Supreme Court’s later decision in Somers II clarified the required mens rea after the defendant’s conviction—i.e., must that clarification be applied retroactively under the categorical approach.
Circuit Positions
Florida Supreme Court’s Somers II interpretation applies retroactively; aggravated assault categorically involves knowing conduct and is a crime of violence/violent felony.
Courts assess the statute as interpreted at the time of conviction; because pre-Somers II law permitted reckless convictions, aggravated assault is not categorically a crime of violence/violent felony.
Conflict Summary
The Eleventh Circuit treats the Florida Supreme Court’s Somers II interpretation as having always represented the statute’s meaning, so aggravated assault necessarily involves more than recklessness and is a crime of violence. The Seventh Circuit (United States v. Anderson) looks to the state of Florida law at the time of the defendant’s conviction and, because pre-Somers II case law allowed reckless aggravated assault, concludes the offense does not categorically qualify.