California Court of Appeal
Alex O. v. Superior Court of San Diego County, D053979
Juvenile court judgment ordering that the juvenile not enter the United States except to attend school, work, or visit his family and ordering him to notify his probation officer before he enters the country is vacated where the substantive limitations on travel to the United States are not closely related to either the crime plaintiff committed or the risk of future criminality, and are unreasonable and unconstitutional. The requirement that plaintiff notify his probation officer before he enters the United States is reasonable and passes constitutional muster as it is related to plaintiff's criminal history and future criminality, and is both narrowly drawn and tailored to the circumstances and record.
Appellate Information
- Decided 06/10/2009
- Published 06/10/2009
Judges
- BENKE, Acting P.J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Steven J. Carroll, County Public Defender, and Jo Pastore, Deputy Public Defender, for Petitioner., Edmund G. Brown, Jr., Attorney General, and Marissa Bejarano, Deputy Attorney General, for Real Party in Inerest.
- For Appellees:
- No appearance for Respondent.