Criminal Defense of Immigrants
§ 20.30 (A)
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(A) In General. The statute provides a second exception to the rule that one CMT conviction will trigger inadmissibility. Under the Youthful Offender Exception, a person will not be found inadmissible if s/he committed only one offense involving moral turpitude while under the age of eighteen, if the commission of the offense and the release from any resulting imprisonment occurred over five years before the current application for admission.[205] See § 12.33, supra.
The Youthful Offender Exception[206] reads in pertinent part:
8 U.S.C. § 1182(a) Classes of Inadmissible Aliens. . . .
(2) Criminal and related grounds . . .
(A) (i) (I) a crime involving moral turpitude (other than a purely political offense) . . .
(ii) Exception.--Clause (i)(I) shall not apply to an alien who committed only one crime if--
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States . . . .
The Youthful Offender Exception comes up rarely in practice, since the noncitizen (a) must have been a juvenile on the date the offense was committed, yet (b) must have committed an offense serious enough to warrant actual transfer to adult court. See § § 12.10, et seq., supra. Where it does apply, however, it prohibits inadmissibility on account of a conviction of a crime of moral turpitude.[207] Where it applies, it excuses even extremely serious convictions.
[205] INA § 212(a)(2)(A)(ii)(I), 8 U.S.C. § 1182(a)(2)(A)(ii)(I).
[206] For a discussion of the immigration consequences of juvenile offenses, see Chapter 12, supra; Immigration Law and Crimes, § § 2:14 to 2:15.
[207] Matter of H, 6 I. & N. Dec. 738, 740-41 (BIA 1955). See also Matter of Jensen, 10 I. & N. Dec. 747 (BIA 1964).
