(B)  Consular Processing.  For visa processing purposes, the Foreign Affairs Manual provides:

 

            A conviction in absentia does not constitute a conviction.  However, any participation in judicial proceedings by the accused may imply that the conviction was not one made in absentia.  For example, if a conviction in absentia has been appealed by the person convicted, the person has appeared for that purpose and the conviction has been affirmed, it is no longer considered a conviction in absentia.  Similarly, representation by the accused in a trial proceeding may preclude a finding that the trial was conducted in absentia.  Consular officers shall submit all cases where the facts suggest that a conviction may have been made in absentia to CA/VO/L/A for an advisory opinion.[303]

 

The same law should apply to the question of deportability on account of a conviction.

[303] 9 U.S. Dep’t of State, Foreign Affairs Manual (FAM) § 40.21(a) N3.4-2.

Ninth Circuit

CONVICTION - JUVENILE
United States v. Jose D.L., __ F.3d __ (9th Cir. Jun. 30, 2006) (district court finding that defendant was a juvenile delinquent for drug-related offenses reversed in part and remanded for further proceedings as to "harmless error" analysis where government officials committed multiple violations of the Juvenile Delinquency Act (JDA)). http://caselaw.lp.findlaw.com/data2/circs/9th/0550597p.pdf