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Juvenile Defender Training

Juvenile Defender Training. Suffolk University Law School May 21, 2004. Topics-1. Background Issues Who is a citizen? Types of immigration status. Topics-2. Consequences of Juvenile Delinquency Dispositions Removal Naturalization Noncitizens returning to U.S. Remedies

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Juvenile Defender Training

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  1. Juvenile Defender Training Suffolk University Law School May 21, 2004

  2. Topics-1 • Background Issues • Who is a citizen? • Types of immigration status

  3. Topics-2 • Consequences of Juvenile Delinquency Dispositions • Removal • Naturalization • Noncitizens returning to U.S. • Remedies • Strategies

  4. Who is a Citizen? • Anyone born in U.S. and subject to jurisdiction of U.S. (e.g. not foreign embassy personnel). • Anyone naturalized • Certain technical statuses • parent naturalized before kid turns 18 • unknown parents found in U.S. under 5

  5. Citizen vs. noncitizen • A citizen does face immigration consequences at all • Any noncitizen can be kicked out of the country or kept out of the country if she or he violates the immigration laws.

  6. Types of Immigration Status • Lawful Permanent Resident (“green card” holder)- A person who is able to live in U.S. indefinitely unless she or he falls under a ground of deportability

  7. Types of Immigration Status • Undocumented person • could have come in with a visa or • never had a visa • Asylee- A noncitizen with a “well-founded fear of persecution” who gets status in U.S. • Refugee- A noncitizen with a well-founded fear of persecution who gets status outside of U.S. applies outside of U.S.

  8. Types of Consequences • Getting kicked out of U.S. (look to grounds of deportability (8 U.S.C. § 1227) • Being unable to return to U.S. (look to grounds of inadmissibility (8 U.S.C. § 1182) • Making it more difficult to naturalize

  9. Excludability vs. Deportability • The grounds of deportability include convictions for: • controlled substances • firearms • crimes of moral turpitude • aggravated felonies

  10. Excludability vs. Deportability • The grounds of inadmissibility include convictions for: • controlled substances • crimes of moral turpitude

  11. Excludability vs. Deportability • Even without a conviction a noncitizen may come under the grounds of inadmissibility

  12. Excludability vs. Deportability • The grounds of inadmissibility apply if • a noncitizen admits committing a drug crime or a crime involving moral turpitude • there is a “reason to believe” that a noncitizen is a drug trafficker

  13. Juvenile Delinquency Disposition • There is a federal definition of conviction for immigration purposes (8 U.S.C. § 1101(a)(48) • An adjudication of delinquency is not a conviction for immigration purposes Matter of Devison, 22 I&N Dec 1362 (BIA 2000)

  14. Consequences of Delinquency Adjudication • A noncitizen adjudicated delinquent does not come under the grounds of deportability for drugs, moral turpitude, aggravated felonies or firearms because she or he does not have a conviction

  15. Consequences of Delinquency Adjudication • A noncitizen cannot be inadmissible for admitting to a crime for which she or he would face mandatory juvenile treatment under federal law. Matter of M-U-, 2 I. & N. Dec. 92 (BIA 1944) • Even an adult cannot admit essential elements of controlled substance or moral turpitude offense if the conduct required mandatory delinquency treatment

  16. Consequences of Delinquency Adjudication • The government can use the reason to believe ground of inadmissibility to keep out a noncitizen who has a delinquency adjudication for drug distribution

  17. Consequences of Delinquency Adjudication • In the naturalization context, an examiner can consider the conduct that lead to a juvenile delinquency adjudication to determine whether applicant is a person of good moral character.

  18. Legal Strategies • Avoid transfer to adult court because a disposition in adult court is a conviction • Avoid a delinquency adjudication where underlying conduct involves controlled substances because it could result in “reason to believe” inadmissibility

  19. Legal Strategies • Check Federal Juvenile Delinquency Act (18 USC § 5032) for offenses that require mandatory juvenile treatment to avoid controlled substance or or moral turpitude inadmissibility • Plead to adjudications of delinquency for crimes that require mandatory juvenile treatment under federal law to avoid possible future inadmissibility for admitting a crime

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