Criminal Defense of Immigrants

(C)  Juvenile Court Orders.  This deportation ground may apply to juveniles, as well as adults, since it does not depend on the existence of a criminal conviction, and it is likely (though not certain) that a juvenile court would be considered a “civil or criminal court” for this purpose.  It is therefore important to avoid a juvenile-court finding that the minor violated a domestic violence TRO.  Immigration counsel can argue that authority holding juvenile court findings do not constitute convictions[167] would preclude deportability based on this type of finding as well.  See § 12.21, supra.

[167] Matter of Ramirez-Rivero, 18 I. & N. Dec. 135 (BIA 1981); Matter of CM, 5 I. & N. Dec. 327 (BIA 1953) (juvenile finding of commission of crime involving moral turpitude does not constitute a “conviction” or trigger inadmissibility).