In re James C.
California Court of Appeal
81 Cal. Rptr. 3d 846 (2008)
- Written by Katrina Sumner, JD
Facts
James C. (defendant), a 17-year-old juvenile, was arrested while trying to drive a stolen vehicle into the United States from Mexico. The vehicle was stopped at a port of entry with undocumented persons inside. James was arrested. James indicated that he had no choice but to drive the car across the border because he was threatened. James did not have a criminal history or any connection to drugs, alcohol, or gangs. James was not deemed to be at significant likelihood of reoffending. At James’s dispositional hearing, the juvenile court judge indicated that he was going to make a disposition in James’s case to be consistent with other border cases. Then, the judge committed James to a youth camp for up to a year but stayed the commitment on the condition that James go back to Mexico and not return to the United States while on probation. James was in the custody of his grandparents in Mexico, who had asked the court to place James with them. The judge returned James to his grandparents and explained that if James did reenter the United States while on probation, he would be taken to the youth facility without any additional discussion. The judge indicated that he did not care whether James was an American citizen. James appealed. On appeal, James argued that the probation condition banishing him from the United States was unreasonable and unconstitutional.
Rule of Law
Issue
Holding and Reasoning (Huffman, J.)
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