Under 18 U.S.C. 5032, a plea by a juvenile to an adult offense that does not warrant transfer from juvenile proceedings to adult court in the first instance is not a conviction for immigration purposes. Equal protection dictates that the same type of disposition in state court should also not be a conviction for immigration purposes, since to do otherwise would treat a noncitizen differently for deportability purposes merely because s/he was prosecuted in state court, rather than in federal court. See, e.g., Lujan-Armendariz v. INS, 222 F.3d 728 (9th Cir. 2000), vacating Matter of Roldan-Santoyo, 22 I. & N. Dec. 512 (BIA 1999).      For more information, see Terry Coonan, Tolerating No Margin for Error: The Admissibility of Statements by Alien Minors in Deportation Proceedings, 29 Tex. Tech L. Rev. 75, n. 14; Dan Kesselbrenner, Contesting Deportability: A Strategy for Minor Respondents, 67 Interpreter Releases 1, 2 (Jan. 1, 1990); see Davila-Bardales v. INS, 27 F.3d 1, 4 (1st Cir. 1994).

jurisdiction: 
Ninth Circuit

 

TRANSLATE