The Eleventh Circuit has denied a petition for review filed by a Haitian lawful permanent resident who sought reopening of removal proceedings. The petitioner argued that Florida aggravated assault should not qualify as a crime of violence because the offense could be committed with a reckless mens rea.
The Court rejected that argument, relying on the Florida Supreme Court’s interpretation of the aggravated assault statute and the Eleventh Circuit’s Somers decisions. The Court held that Florida aggravated assault categorically qualifies as a crime of violence under 18 USC 16 and therefore as an aggravated felony for immigration purposes. The Court declined to resolve whether equitable tolling is available for the 30-day petition-for-review deadline because the petition failed on the merits.
The full text of Senatus v. U.S. Attorney General can be found here: https://media.ca11.uscourts.gov/opinions/pub/files/202410514.pdf