Criminal Defense of Immigrants
§ 12.21 (C)
For more text, click "Next Page>"
(C) Juvenile Arrest Must be Disclosed. A juvenile arrest does count as an arrest for immigration purposes. Therefore, an applicant for residence must acknowledge the arrest to the DHS. An applicant can truthfully put down that the disposition was “adjudicated delinquent” instead of characterizing the juvenile court disposition as a conviction of a crime.
JUVENILE - ADJUDICATION REVERSED FOR DEPRIVATION OF RIGHTS UNDER FJDA TO IMMEDIATE NOTIFICATION AND PROMPT ARRAIGNMENT, AND TO THE RIGHT TO ADVISE FROM RESPONSIBLE ADULT PRIOR TO INTERROGATION REQUIRING SUPPRESSION OF C
United States v. C.M., 485 F.3d 492 (9th Cir. May 8, 2007) (adjudication of delinquency of a juvenile Mexican national for transporting illegal aliens and related counts is reversed, and the juvenile information dismissed, where the juvenile was deprived of his rights under the Juvenile Delinquency Act to immediate notification and prompt arraignment, and to the advice and counsel of a responsible adult prior to interrogation; and a resulting confession was highly prejudicial and should not have been used against him to initiate his proceedings).