A child who is less than 14 years of age is presumed to be a person of
good moral character and is not required to submit affidavits of good
moral character, police clearances, criminal background checks, or other
evidence of good moral character. INA 204.2(e)(2)(iv).

When the child is under 18, there is a good argument that he or she cannot knowingly commit fraud. If someone else (but not the child) indicated that the child was a USC by presenting a USC birth certificate at the border, the child did not make a false claim to United States citizenship, or engage in visa fraud, but merely made an EWI entry. Thanks to Leonor Perretta.

Offense of violating City Charter of a city is Missouri, even though termed a "misdemeanor," is arguably not a "crime" since it is not subject to the Governor's pardon power. See Matter of Cevallos, 12 I. & N. Dec. 750, 1968 BIA LEXIS 71 (May 27, 1968) (one of the definitions of a "crime" is based on whether the "crime" is subject to the Governor's Pardon Powers). In Missouri, the Governor of the State has Pardon powers per Missouri Constitution Art. IV Sec 7. However, in Ex Rel Kansas City v. Renick (1900), 157 Mo. 292, 57 S.W.

United States v. Juvenile, ___ F.3d ___ (9th Cir. Jun. 22, 2006) (in deciding whether to transfer juvenile to adult court pursuant to 18 U.S.C. . 5032 for criminal prosecution, district court may, but is not required to, assume guilt; if it does, it must confine the assumption to the elements of the offense charged).

Castano v. INS, 956 F.2d 236 (11th Cir. 1992) (factual admissions could properly be considered by immigration courts in establishing the "reason to believe" ground of inadmissibility where a noncitizen's plea did not result in a conviction under the former Federal Youth Corrections Act: "We conclude that conviction and sentencing under the FYCA ought not actually improve petitioner's immigration status by disallowing the admission of the factual basis merely because of the invocation of the FYCA. (emphasis in original)."); contra, Matter of Seda, 17 I. & N.

Alaka v. Attorney General, ___ F.3d ___, 2006 WL 1994500 (3d Cir. Jul. 18, 2006) (federal conviction of one count of aiding and abetting bank fraud, in violation of 18 U.S.C. 1344 and 2, for which the actual loss from the single check was $4,716.68, did not constitute aggravated felony bank fraud conviction, and therefore did not bar noncitizen from eligibility for withholding of deportation).

    If a stipulation is entered allowing a police report or certificate of probable cause to be entered into the court record as part of plea proceedings, there is a risk that immigration courts might consider the facts contained in those documents to be part of the record of conviction for purposes of determining the existence and nature of a conviction.

Garcia-Quintero v. Gonzales, ___ F.3d ___, 2006 WL 2042896 (9th Cir. Jul.

Garcia-Quintero v. Gonzales, ___ F.3d ___, 2006 WL 2042896 (9th Cir. Jul.

United States v. Palacios-Suarez, 418 F.3d 692 (6th Cir. Jul. 22, 2005) (second state misdemeanor drug possession conviction was not a "hypothetical federal felony" for aggravated felony purposes, based upon recidivist provision of Controlled Substance Act (CSA), because the second offense occurred before the first drug possession conviction became final).