Summary
The Fourth Circuit held that a New Jersey conviction for knowingly storing or maintaining child sexual abuse material on a file-sharing program categorically qualifies as a crime of child abuse under the Immigration and Nationality Act. The court applied the version of the New Jersey statute in effect when the conduct occurred and concluded that the offense creates a reasonable probability of harm to a child. The court dismissed for lack of jurisdiction the challenge to the agency’s discretionary denial of cancellation of removal and adjustment of status.
Topics
Practice areas
Questions Presented
- Whether Uddin's conviction under the 2017 version of N.J. Stat. Ann. § 2C:24-4(b)(5)(a)(iii) categorically qualifies as a crime of child abuse under 8 U.S.C. § 1227(a)(2)(E)(i).
- Whether the categorical analysis should apply the version of the New Jersey statute in effect when Uddin committed the offense or the amended version in effect at the time of his conviction.
- Whether the Fourth Circuit had jurisdiction to review the agency's discretionary denial of cancellation of removal and adjustment of status with a waiver of inadmissibility.
Holdings
- The court must apply the version of the New Jersey statute in effect when Uddin committed the offense because that version defines the offense of which he was convicted.
- A conviction under the 2017 version of N.J. Stat. Ann. § 2C:24-4(b)(5)(a)(iii) categorically qualifies as a crime of child abuse under the INA because even the minimum conduct criminalized by the statute creates a reasonable probability of harm to a child.
- The court lacked jurisdiction to review Uddin's challenge to the agency's discretionary denial of cancellation of removal and adjustment of status because he identified no reviewable question of law and instead challenged the agency's weighing of equities.
Key quotations
“That conduct creates a reasonable probability that the material will circulate and injure the children depicted.” (slip op. at 2)
“The least of the acts prohibited by the statute—maintaining files on a publicly available network—meets Cruz’s requirement of a “reasonable probability of harm” even if no one ever downloads a file.” (slip op. at 9)
“Even the least culpable conduct covered by the statute creates a “reasonable probability” of harm to the depicted child.” (slip op. at 12)
Factual background
Md Farid Uddin, a Bangladeshi native and Canadian citizen, was a lawful permanent resident living in New Jersey. He pleaded guilty to violating the 2017 version of N.J. Stat. Ann. § 2C:24-4(b)(5)(a)(iii) by knowingly storing or maintaining at least twenty-five items depicting the sexual exploitation or abuse of a child on a file-sharing program designated as available for searching or copying by other computers. After serving his sentence and registering as a sex offender, he was detained by immigration authorities and placed in removal proceedings.
Procedural history
Uddin, a lawful permanent resident, pleaded guilty in New Jersey to knowingly storing or maintaining at least twenty-five items depicting the sexual exploitation or abuse of a child on a file-sharing program available for searching or copying by other computers. After he served his sentence, the Department of Homeland Security initiated removal proceedings. The immigration judge found him removable for having committed a crime of child abuse and denied cancellation of removal and adjustment of status with a waiver as a matter of discretion. The Board of Immigration Appeals affirmed in its own opinion, and Uddin petitioned the Fourth Circuit for review. The court denied the petition in part and dismissed it in part.