Criminal Defense of Immigrants

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.