Criminal Defense of Immigrants


§ 12.22 B. Discretionary Factor

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                While an adjudication of juvenile delinquency does not constitute a conviction for immigration purposes, see § 12.21, supra, juvenile court actions and related facts can nonetheless trigger some adverse immigration consequences. For example, an adjudication of the facts underlying an offense can be considered a negative factor in discretionary immigration decisionmaking.[199]

[199] Wallace v. Gonzales, 463 F.3d 135 (2d Cir. Sept. 1, 2006) (adjudication as a “Youthful Offender” under New York State criminal law, N.Y.Crim. Proc. Law § § 720.10-720.35, may be used in determining whether noncitizen should be granted adjustment of status as a matter of discretion, even though the adjudication is not a “conviction” for removability purposes); see Matter of Thomas, 21 I. & N. Dec. 20 (BIA 1995) (“In determining whether an application for relief [in this case, voluntary departure] is merited as a matter of discretion, evidence of unfavorable conduct, including criminal conduct which has not culminated in a final conviction for purposes of the Act, may be considered.”).