Criminal Defense of Immigrants

(B)  Non-Conviction Sentences.  Several types of sentence do not constitute convictions for immigration purposes. 

                (1)  Juvenile Dispositions.  If counsel can obtain an order remanding the case to juvenile court, that will not constitute a conviction for immigration purposes.  See § § 7.23, 12.21, infra.  An order for Youthful Offender treatment under the law of some states, New York, for example, is not considered a conviction for immigration purposes.  See § 12.21, infra.[43]

                (2)  Sentence to Imprisonment Institutions.  A sentence to confinement in certain types of non-criminal institutions, such as mental hospitals, may not be considered a term of imprisonment or confinement sufficient to trigger certain adverse immigration consequences.  See § 10.63(G), infra.  Sentence to juvenile reformatories, as well, may fail to constitute a sentence to imprisonment for these purposes.  See § § 7.23, 10.15(B)(1), supra, 12.21, infra.

[43] Matter of Devison, 22 I. & N. Dec. 1362 (BIA 2000) (en banc) (youthful offender adjudication under New York law, which corresponds to a determination of juvenile delinquency under the Federal Juvenile Delinquency Act, does not constitute a conviction for immigration purposes and re-sentencing following a probation violation does not convert the youthful offender status into a conviction).