Criminal Defense of Immigrants


§ 12.9 (A)

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(A)  In General: A Juvenile Sentence Does Not Constitute a Sentence for Immigration Purposes. Juvenile incarceration does not constitute a “sentence to confinement” for immigration purposes.  Certain adverse immigration consequences of criminal convictions depend upon a sentence or potential sentence of a certain length.  However, each of these must flow from a conviction.  Since a juvenile adjudication does not constitute a conviction, the length of incarceration flowing from a juvenile court disposition will not trigger any adverse immigration consequences.  See § 12.21, infra.



Lower Courts of Ninth Circuit

In re James C., 165 Cal.App.4th 1198 (Aug. 11, 2008) (unreasonable and unconstitutional to condition probation on juvenile leaving the country and not returning).