§ 3.7 Juvenile-delinquency Adjudications

• Library: Rights of Foreign Nationals (OSBar) (2020 Ed.)

§ 3.7 JUVENILE-DELINQUENCY ADJUDICATIONS

A juvenile-delinquency adjudication is not a conviction that may be used for deportation purposes. Nor is a resentencing for violating a term of probation that was based on a juvenile-delinquency adjudication. Matter of Devison-Charles, 22 I&N Dec 1362, 1373 (BIA 2000). Thus, regardless of the nature of the offense, a juvenile-delinquency adjudication of a noncitizen should not trigger any adverse immigration consequences based on conviction of a crime. However, if Oregon law treats a juvenile as an adult, this exception does not apply. See Vargas-Hernandez v. Gonzales, 497 F3d 919, 922-23 (9th Cir 2007) (crime committed as a 16-year-old formed the basis for removal).

Nonetheless, a finding of juvenile delinquency may very well have adverse consequences for a juvenile noncitizen down the road. First, a finding...