Oklahoma City, OK asked in Immigration Law and Juvenile Law for Oklahoma

Q: Can a judge know where you where born if you are a juvenile? and if so would he deport you if you weren’t here legally?

Even if you are under the age of 18 and its your first offense and its a misdemeanor?

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Milwaukee, WI

A: More information is needed. Which court? The County Court cannot deport you, but DHS Officers may take action. A local police officer is usually not given any control.

The answer may be yes, but it depends upon the type of judge! Is this an immigration judge?

Note that a person under 18 can be charged as an adult. Many who are over 16 years old are charged in criminal court, not in front of a Juvenile Court. The case 'may' be transferred. You 'can' be charged with deportation and deported, in Immigration court, if you have entered the U.S. without inspection. You 'can' also be ordered deported if you have overstayed the time limits placed on your admission as a B2 tourist admission. You need to find out what is going on. This is not the place to do it!

Deportation/Removal matters are taken care of by administrative agencies within the U.S. Department of Justice. Are you in front of a Judge at the Executive Office of Immigration Review (Immigration Court)? If not, a County Judge has no control and does not make decisions about deportation matters. However, a misdemeanor can trigger an agency to start deportation proceedings in the Federal immigration system.

As a result, I strongly recommend an appointment or conference with a competent and experienced immigration attorney before there are any more complications.

The above is general information, not legal advice, and does not create an attorney client relationship.

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