Md Farid Uddin v. Todd Blanche

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.

Holdings

1. 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.
2. 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.
3. 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.

Questions Presented

1. 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).
2. 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.
3. 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.

Disposition

other