Criminal Defense of Immigrants



 
 

§ 12.20 IV. Immigration Consequences of Juvenile Court Actions

 
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While an adjudication of juvenile delinquency does not constitute a conviction for immigration purposes, see § 12.21, infra, juvenile court actions and related facts can nonetheless trigger some adverse immigration consequences.  The underlying facts of an offense can be considered as a negative factor in discretionary immigration decisionmaking.  See § 12.22, infra.  Certain conduct-based grounds of deportation may still apply to noncitizens who were under 18 at the time of the conduct.  See § 12.24, infra.  For example, it is possible that a juvenile who is found by juvenile court to have violated a domestic violence protection order may be deportable for that reason.  See § 12.26, infra.  In addition, certain conduct-based grounds of inadmissibility may apply to juveniles.  See § § 12.28, et seq., infra.  An admission by a minor of commission of a controlled substances offense, see § 12.30, infra, or a crime of moral turpitude, see § 12.31, infra, is ineffective to trigger inadmissibility.  Moreover, where a minor has been transferred from juvenile to adult court, and there suffers an adult conviction, the Youthful Offender Exception may under certain circumstances excuse inadmissibility for a conviction of a crime of moral turpitude.  See § 12.33, infra.  Finally, juvenile court actions and certain offenses committed by minors may under some circumstances disqualify a noncitizen from certain forms of relief in immigration proceedings or before the agency.  See § 12.37, infra.

 

Updates

 

Ninth Circuit

JUVENILES " CALIFORNIA " JUVENILE COURT RECORDS MAY NOT BE DISCLOSED TO DHS WITHOUT A COURT ORDER
California Assembly Bill 899, which Brown signed into law on Friday, Sept. 4, 2015, mandates that records for those in the juvenile justice system remain confidential regardless of the juveniles immigration status, and prohibits the disclosure and dissemination of juvenile information to federal officials unless a juvenile court grants permission.

 

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