It is a long-standing rule of immigration law that juvenile dispositions do not constitute convictions for immigration purposes.[1]  After the 1996 amendments to the INA, the BIA issued a decision where it revisited this issue in light of the new statutory definition of a conviction at INA § 101(a)(48(A), the Board of Immigration Appeals reaffirmed this rule.[2]  Thus, a juvenile disposition pursuant to RCW 13.40 will not trigger deportation/removal under the criminal provisions of immigration law.

Keep in mind, however, that not all of the criminal provisions under immigration law require convictions, and a juvenile disposition will be sufficient to trigger deportation/removal under the criminal provisions that do not require convictions.  For example, a juvenile disposition for the offense of delivery of a controlled substance will likely fall under INA’s “reason to believe” the noncitizen is a drug trafficker provision.[3]  Additionally, a finding by a juvenile court that the youth has violated a restraining, protective, or no contact order will can trigger deportation under INA’s “violation of a family protective order” ground.[4]

It is important to remember that, while not a basis for deportation/removal, juvenile dispositions can and will be considered by the DHS and the Immigration Court in making discretionary determinations such as applications for permanent residency, requests for relief from deportation/removal, and applications for U.S. citizenship.

[1] Matter of Ramirez-Rivero, 18 I. & N. Dec. 135 (BIA 1981).