Matthews v. Barr, No. 16-3145 (2d Cir. 2019)Annotate this Case
The Second Circuit denied a petition for review of the BIA's decision affirming the IJ's finding that petitioner was removable and denial of his applications for cancellation of removal and adjustment of status. The court held that, because it has previously upheld the BIA's determination that child endangerment offenses fall within the Immigration and Nationality Act's (INA) crime of child abuse provision, the court agreed with the district court that New York law -- which criminalizes conduct that poses a likelihood of physical, mental, or moral harm to a child -- falls within the BIA's definition. Therefore, petitioner's New York convictions for endangering the welfare of a child were crimes of child abuse, child neglect, or child abandonment under the INA.