(H)  Foreign Crimes by Juveniles.  A crime committed by a juvenile in a foreign country is assessed according to the standards of the FJDA in order to determine whether the underlying adjudication constitutes a conviction.  An immigrant does not face removal for a foreign conviction that would constitute juvenile delinquency in the United States.[186]  See N. Tooby & J. Rollin, Safe Havens: How to Identify and Construct Non-Deportable Convictions, § 4.10 (2005).

 

[186] Compare Matter of Ramirez-Rivera, 18 I. & N. Dec. 135 (BIA 1981) (child of 13 who was subject to mandatory treatment as a juvenile under United States law cannot be considered “convicted” of a crime for immigration purposes), with Matter of De La Nues, 18 I. & N. Dec. 140 (BIA 1981) (16-year-old held excludable for conviction of crime involving moral turpitude because he could have been treated as an adult under the FJDA where sentence for analogous crime under District of Columbia Code could have resulted in transfer to adult court had crime been committed in the United States).

Other

SAFE HAVEN - STATE REHABILITATIVE RELIEF - PRIOR FOREIGN CONVICTION DOES NOT DISQUALIFY DEFENDANT FROM FFOA TREATMENT
The Federal First Offender Act, 18 U.S.C. 3607(a)(1), does not permit an expungement if the defendant has prior to the commission of the current offense suffered a conviction under "Federal or State" law. This provision does not include foreign convictions as a disqualification for this relief.