F.  Juvenile Conduct Which Triggers Deportability Without a Conviction




As with grounds of inadmissibility, certain conduct on the part of a non-citizen juvenile can trigger a ground of deportability even in the absence of a conviction. These grounds generally apply to those non-citizens who have been admitted to the United States in some status. As with the grounds of inadmissibility, juvenile adjudications can provide the basis for a finding of deportability.

8 U.S.C. § 1227(a)(2)(B)(ii)
A non-citizen juvenile who is found to be a drug abuser or addict is deportable.  

8 U.S.C. § 1227(a)(1)(E)
Those found to have knowingly encouraged the smuggling of aliens either prior to the date of their entry or within five years of the date of any entry are deportable. 

8 U.S.C. § 1227(a)(4)
Any non-citizen who, after admission to the United States, engages in any activity related to espionage or sabotage, any activity which endangers public safety or national security, or any activity aimed at the overthrow of the government is deportable. 

8 U.S.C. § 1227(a)(2)(E)
A non-citizen juvenile who is found to be in violation of a domestic violence restraining order will also become deportable. 

8 U.S.C. § 1227(a)(2)(E)(ii)
Deportability under subsection (i), which relates to domestic violence, stalking, and child abuse, is triggered by a conviction. Because juvenile proceedings do not produce convictions for immigration purposes, those in juvenile proceedings need not worry about triggering subsection (i). 

Subsection (ii), on the other hand, is triggered by the violation of a protection order.  Specifically, subsection (ii) applies to a person enjoined by a protection order issued by a court who the court finds has “engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for who the protection order was issued […]”   



Such orders can be temporary or final and can be issued by a civil court or a criminal court so long as they were issued in order to prevent acts or threats of domestic violence. Violators of these orders are deportable, even without a conviction.  Therefore, juvenile adjudications which find that a juvenile has engaged in conduct which violates a domestic violence restraining order will trigger deportability.



Again, any arguments that a non-citizen juvenile was incapable of knowingly engaging in the specific conduct allegedly creating the ground of deportability would be considered on a case-by-case basis.