Jennifer Koh’s Scholarship Reviewed on JOTWELL; Writes Amicus Brief for Coalition on Validity of Certain California Convictions Under Federal Immigration Law

Jennifer Koh’s Scholarship Reviewed on JOTWELL (Journal of Things We Like (Lots))

Professor Jennifer Koh’s two recent law review articles have been reviewed on JOTWELL (Journal of Things We Like (Lots)), a blog that “creat[es] a space where legal academics can go to identify, celebrate, and discuss the best new scholarship relevant to the law,” according to its mission statement.  In an essay entitled Extreme Expedition, Henry M. Jackson Professor of Law at the University of Washington School of Law Mary Fan states: “Jennifer Lee Koh’s body of recent work is powerful and timely because it guides us through the realities of present immigration process, which defies expectations.”  Professor Fan describes the articles as a “fascinating and macabre education on removal proceedings in the ‘shadows of immigration court,’ as she terms it, … powerfully illuminat[ing] how the vast majority of people removed from the United States never make it into an immigration court.”  The essay concludes that “[Koh’s] overview of the abbreviated approaches that sidestep an already notoriously underprotective process is important reading to understand the fast muddy slide into our present mire.” 
 
The two articles reviewed are When Shadow Removals Collide: Searching for Solutions to the Legal Black Holes Created by Expedited Removal and Reinstatement, __ Wash. U. L. Rev. __ (forthcoming 2018), available at SSRN; and Removal in the Shadows of Immigration Court, 90 S. Cal. L. Rev. 181 (2017).
 
Jennifer Koh Writes Amicus Brief for Coalition of Over Forty Legal Services Organizations, Public Defender’s Offices, Law School Clinics and Other Entities on Validity of Certain California Convictions Under Federal Immigration Law

On July 27, 2018, Professor Jennifer Koh filed an amicus brief that she wrote on behalf of a broad coalition of over forty legal services organizations, legal associations, law firms, public defender’s offices and law school clinics that seek to advance the interests of noncitizens impacted by the immigration consequences of criminal convictions.  The brief was written in response to the Board of Immigration Appeals’ request for amicus briefs addressing the validity of convictions vacated pursuant to California Penal Code section 1203.43 under the federal immigration laws.  Professor Koh co-authored the brief with attorneys Katherine Brady, Rose Cahn, and Michael Mehr (all of whom were involved in the drafting of the legislation that led to the enactment of section 1203.43). 
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Los Angeles Times Publishes Op-Ed by Jennifer Koh on Deportations and Due Process

Professor Jennifer Koh has published an op-ed in the Los Angeles Times, which discusses the rise of deportations without court hearings.  She co-authored with Professor Shoba Sivaprasad Wadhia, law professor at Penn State Dickinson School of Law.  As they write, “Many Americans were outraged by President Trump’s recent tweet saying that people seeking to enter the United States should be deported ‘with no Judges or Court Cases.’ But the practice of deporting immigrants without seeing a courtroom is already the rule, not an exception. In the last eight years, more than half of people removed from the United States had no day in court; in 2015 and 2016, that number reached 85% of all removals….We hope the rest of the country can see that the right path forward is greater due process, not less.”

In the past week, Professor Koh has also served as a media resource on related topics for the Washington Post and Politifact.