Jennifer Koh Gives Keynote Address at Women For: Orange County Suffrage Day Luncheon

Professor Jennifer Koh delivered the keynote address for Women For: Orange County’s annual Suffrage Day Luncheon, which honors Orange County individuals who embody the spirit and characteristics of those who have struggled courageously for women’s suffrage and other Human Rights.  The title of her speech was, “Re-imagining Political Activism in Orange County.”  This year’s honorees were Peggy Thompson, Felicity Figueroa, Martha Milichek, and Ana Gonzalez.


Jennifer Koh Co-Authors Amicus Brief to Ninth Circuit Court of Appeals on Constitutionality of Immigration Provision

On July 21, 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.



Jennifer Koh and Sabrina Rivera Author Amicus Brief on Behalf of American Immigration Lawyers Association

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.

Robert Molko Participates in Law Enforcement Use of Force and Liability Conference

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.


Neil Gotanda Presents at American Bar Foundation Research Seminar

Professor Neil Gotanda presented at the American Bar Foundation Research Seminar Series in Chicago, Illinois, on May 17.  His work in progress is titled Mapping the Muslim Category: an Examination of Race, Identity, Religion and the Black-White Paradigm.  The paper surveys the use of the Muslim Category in the current litigation challenging the Executive Order Muslim Travel Ban and through use of the Muslim Category in constitutional doctrine.  The paper then interrogates the Muslim category in two prevalent framings – race and religion – using Critical Race Theory and Asian American Jurisprudence.  The draft paper is available at the ABF website.

Jennifer Koh Speaks on Scholarship Panel; Presents Article Abstract at Emerging Immigration Law Professors Conference

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.



Jennifer Koh Publishes in USC Law Review

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).