Resource: Fixing Deference in Youth Crimmigration Cases

By: Esther K. Hong

July 1, 2018

N.M. L. Rev.

This Article focuses on another type of judicial deference-one that has not yet been addressed by scholars. It has a significant impact on immigration cases involving noncitizen minors and young adults, referred to collectively in this Article as "noncitizen youth," who have state offense findings that are adult-ish: adult criminal convictions imposed on minors in state court and state youthful offender findings,6 together referred to as "youth-adult offense findings." This analysis of deference also brings in a previously-missing voice in the immigration-federalism' dialogue-one that belongs to noncitizen youth who have been exposed to their state's juvenile delinquency and criminal systems.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3065372