Jennifer Koh’s Article Cited Extensively by United States Supreme Court in Mellouli Decision

The United States Supreme Court cited and quoted Professor Jennifer Koh in its majority opinion in Mellouli v. Lynch, an important case involving the immigration consequences of crime. In Mellouli, the Court held in a 7-2 opinion that a lawful permanent resident’s conviction for possession of drug paraphernalia under Kansas law (in this case, involving four unidentified pills contained in a sock) did not trigger deportation. The majority opinion, written by Justice Ruth Bader Ginsburg, cited and quoted Professor Koh’s law review article, “The Whole Better Than the Sum: A Case for the Categorical Approach to Determining the Immigration Consequences of Crime,” 26 Geo. Immigr. L. J. 257 (2012) extensively to support the contention that the “categorical approach” – a methodology used by adjudicators to determine whether a conviction should trigger adverse immigration consequences — “is suited to the realities of the system.” (Slip op. at 7). Earlier this year, Professor Koh weighed in with her thoughts on the Mellouli case in an online symposium at crimmigration.com.

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