In Matter of MU,[224] the BIA held that an adult was not inadmissible even though he admitted engaging in conduct at age 15 that would have constituted the elements of a CMT if committed by an adult.  The Board in MU reasoned that he was not inadmissible because he was admitting to an act of juvenile delinquency, not to the act of having committed a crime.  See § § 12.30, supra, 18.8, infra.

 

[224] Matter of MU, 2 I. & N. Dec. 92 (BIA 1944).

BIA

JUVENILES - ADJUSTMENT WITH MULTIPLE CMT OFFENSES
Matter of C-M, 5 I. & N. Dec. 327 (BIA 1953) (adult cannot admit inadmissibility for admitting conduct that would have involved moral turpitude except that he admitted to no more than juvenile delinquency). Since the FAM [specifically 22 C.F.R. 40.21] does not apply to adjustment, the BIA case is binding on CIS.

Other

JUVENILES - INADMISSIBILITY - SINGLE CMT
Pursuant to 22 C.F.R. 40.21(a)(2), a noncitizen applicant for admission shall not be deemed inadmissible on the basis of "any offense committed . . . (A) prior to the aliens fifteenth birthday, or (B) between the aliens fifteenth and eighteenth birthdays unless such alien was tried and convicted as an adult for a felony involving violence as defined in section 1(1) and section 16 of Title 18 of the United States Code." A noncitizen tried and convicted as an adult for a violent felony offense committed after turning fifteen will be subject to the CMT ground of inadmissibility, "regardless of whether at the time of conviction juvenile courts existed within the convicting jurisdiction."

JUVENILES - INADMISSIBILITY - MULTIPLE CMTS
Pursuant to 22 C.F.R. 40.21(a)(3), a noncitizen convicted of, or who admits committing, two or more CMTs will be subject to inadmissibility, "even if the crimes were committed while the alien was under the age of 18 years."

NOTE: This should be read to involve only crimes for which a Juvenile was tried as adult and could have been tried as an adult under the Federal Juvenile Delinquency Act, since acts of juvenile delinquency are not treated as crimes. C.f. Matter of C-M, 5 I. & N. Dec. 327 (BIA 1953) (adult cannot admit inadmissibility for admitting conduct that would have involved moral turpitude except that he admitted to no more than juvenile delinquency). Since the FAM [specifically 22 C.F.R. 40.21] does not apply to adjustment, the BIA case is binding on CIS.