Crimes of Moral Turpitude

(B)

Effect of Juvenile Proceedings.  Note that if the person under eighteen was tried in juvenile proceedings in the U.S. or abroad, s/he does not need to use this exception because there was never any “conviction” or “admission” of a crime for immigration purposes.[130]  There is an argument that immigration authorities should use the federal definition of who should be tried as a juvenile, rather than look to whether the person actually was tried as a juvenile in state court, as the measure of whether a conviction exists.[131]

[130] 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).

[131] N. Tooby & J. Rollin, Criminal Defense of Immigrants § § 12.10-12.19 (4th Ed. 2007).