| 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
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| 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.
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| 8 U.S.C. § 1227(a)(4) |
Any non-citizen who, after admission to
the
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| 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.
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| 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.
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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.
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