§ 12.37 (A)
For more text, click "Next Page>"
(A) In General. To determine whether a finding of juvenile delinquency may disqualify a minor from relief before the DHS or immigration courts, it is necessary to examine the specific form of relief in question. See generally § 15.47, Chapter 24, infra.
Two forms of relief that may be barred by an adjudication of delinquency in immigration court are the Family Unity Program and Adjustment of Status.
JUVENILES - FAILURE TO IMPUTE PARENTS RESIDENCE TO MINOR FOR CANCELLATION PURPOSES
Augustin v. Attorney General, 520 F.3d 264 (3d Cir. Mar. 20, 2008) (BIA did not err in refusing to impute to a noncitizen who entered the United States as a minor the parent's years of continuous residence in order to meet the seven-year requirement for cancellation of removal), declining to follow Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir. 2005) (parent's preceding years of residence in the United States are imputed to a minor child in application for cancellation of removal) , and distinguishing Morel v. INS, 90 F.3d 833 (3d Cir. 1996), vacated on other grounds, 144 F.3d 248 (3d Cir. 1998) (imputing presence in INA 212(c) context).