On July 21, 2017, Professor Jennifer Koh co-authored an amicus brief on behalf of 35 immigration law professors and clinicians in Garcia-Martinez v. Sessions, No. 16-72940, arguing that the immigration law definition of a “crime involving moral turpitude” is unconstitutionally vague under the void for vagueness doctrine. The amicus brief drew upon arguments discussed in Professor Koh’s 2016 law review article, Crimmigration and the Void for Vagueness Doctrine, 2016 Wis. L. Rev. 1127. The brief was co-authored by Professor Kari Hong, an Assistant Professor at Boston College Law School.
Professors Jennifer Koh and Sabrina Rivera recently filed an amicus brief on behalf of the American Immigration Lawyers Association (AILA) Amicus Committee in Matter of S-C-, a case pending before the Board of Immigration Appeals. The brief addressed the statutory eligibility requirements for a lawful permanent resident to seek relief from deportation under former section 212(c) of the Immigration and Nationality Act in light of prior Board and Supreme Court precedent. AILA is the largest national association of immigration lawyers and has more than 14,000 members throughout the United States.
Professor Robert Molko was a panelist at the California State Bar’s Law Enforcement Use of Force & Liability Conference at the USC Gould School of Law on June 2. His panel addressed the criminal and civil liability of officers for the use of excessive force and the most recent 2017 U.S. Supreme Court decisions on the subject, including discussions of qualified immunity and the recent rejection of the Ninth Circuit’s provocation rule.
On May 19, 2017, Professor Jennifer Koh participated in the Emerging Immigration Law Professors Conference at Texas A&M School of Law. She spoke on a panel addressing Immigration Scholarship in the Trump Era, during which she shared advice on research and writing. She also presented an early version of a work-in-progress, entitled, “Constitutional Black Holes in Immigration Law: When Shadow Removals Collide,” and served as a discussant for several colleagues’ works-in-progress. Her participation in the conference, along with the contributions of numerous attendees, was highlighted on the Immigration Law Professors Blog.
Professor Jennifer Koh has published, “Removal in the Shadows of Immigration Court” in the Southern California Law Review. The Article contends that critiques of immigration adjudication are incomplete and understated, because they have failed to account for the following reality: the vast majority of persons ordered removed never step foot inside a courtroom. Even when cases commence before the immigration courts, a substantial number result in removal orders without adjudication of the merits of the case. Removal in what this Article calls the “shadows of immigration court” has far eclipsed standard removal proceedings. The Article provides a descriptive account of five types of removal orders that comprise immigration court’s shadows: (1) expedited removal at the border, (2) reinstatement of prior removal orders, (3) administrative removal of non-lawful permanent residents with aggravated felony convictions, (4) stipulated removal orders following waivers of the right to a court hearing, and (5) in absentia orders for failure to appear in immigration court. The Article identifies several concerns that apply to mainstream immigration court proceedings, and asserts that those critiques are amplified in such shadow proceedings. It concludes by arguing for more sustained inclusion of shadow proceedings in reform proposals directed at improving immigration adjudication. The citation for the article is Jennifer Lee Koh, Removal in the Shadows of Immigration Court, 90 S. Cal. L. Rev. 181 (2017).
Professor Monica Todd presented at the Empire State Legal Writing Conference at New York Law School on May 19. Her presentation, “From Elegy to Euphony: Helping Students Develop Social Capital to Foster Academic and Personal Success,” prepared in conjunction with Professor Lori Roberts, addressed the opportunity for legal writing professors to help disadvantaged 1L students develop social capital to facilitate academic and professional success. This presentation acknowledged the existence of social capital as an asset with economic consequences and presented strategies used at Western State to help students develop it.