The CAP-Impact Podcast, a podcast hosted by the Capital Center for Law & Policy at the University of the Pacific, McGeorge School of Law featured an interview with Professor Jennifer Koh in a recent episode. Entitled “Immigration Law & Reform with Professor Jennifer Koh,” the podcast discusses her “work at the intersection of immigration law and criminal law, her new nonprofit project – the Orange County Justice Fund –and being cited in a Supreme Court ruling by the Notorious RBG.” The podcast was released on January 17, 2019 and is available on Apple Podcasts, iTunes, Stitcher Radio and most other podcast downloading sites.
Professor Jennifer Koh has published, When Shadow Removals Collide: Searching for Solutions to the Legal Black Holes Created by Expedited Removal and Reinstatement, 96 Wash. U. L. Rev. 337 (2018). The Article explores two of the most common forms of shadow removals (i.e., removals that bypass the immigration courts), expedited removal and reinstatement of removal, and the collision of the two. The Article traces the operation of the two removal processes, both independently and in combination with each other. It emphasizes the harsh statutory bars on judicial and habeas review, and the resulting inability of the federal judiciary to ameliorate the harshness of removal in this context. The Article then suggests that the use of reinstatement based on prior expedited removal orders fails the basic administrative law requirement that federal agencies demonstrate reasoned decision-making and avoid arbitrary or capricious action. Relying on the Supreme Court’s decision in Judulang v. Holder, which applied arbitrary and capricious review in the deportation context, the Article encourages courts to more closely scrutinize the use of reinstatement based on expedited removal.
On September 7, Professor Jennifer Koh filed an amicus brief to the Ninth Circuit Court of Appeals in support of rehearing en banc in Martinez-de Ryan v. Sessions, 895 F.3d 1191 (9th Cir. 2018), in which the court found in a published opinion that the immigration law definition of “crimes involving moral turpitude” did not violate the void for vagueness doctrine. The amicus brief, filed on behalf of national and regional organizations the American Immigration Lawyers Association, Florence Immigrant and Refugee Rights Project, Immigrant Legal Resource Center, National Immigration Project of the National Lawyers Guild and U.C. Davis Immigration Law Clinic, argued that the crime involving moral turpitude definition fails to provide the notice and fair enforcement required by the vagueness doctrine. Professor Koh co-authored the brief with Professor Evangeline Abriel, Clinical Professor at Santa Clara Law School. Western State student Juan Villanueva, who is currently enrolled in the Immigration Clinic, worked on the brief as well.
On June 5, Professor Jennifer Koh spoke at a joint meeting of the International Law and Immigration Law Sections of the Orange County Bar Association on U.S. asylum and refugee law. She presented on the topic with Professor Marisa Cianciarulo, Associate Dean for Academic Affairs at Chapman University’s Dale Fowler School of Law.
On June 6, Professor Koh conducted a 3-hour training entitled, “Crimmigration Law and Deportation Defense,” which was attended by over 60 immigration lawyers, criminal defense lawyers, community advocates and summer law interns. Her co-presenters were Annie Lai, Clinical Professor of Law and Co-Director of the Immigrants’ Rights Clinic at UC Irvine School of Law and Monica Glicken, Lead Immigration Attorney at the Public Law Center. The training took place at Western State College of Law, and was co-sponsored by the Western State College of Law Immigration Clinic, UC Irvine School of Law Immigrants’ Rights Clinic, Public Law Center, Orange County Justice Fund, and Orange County Rapid Response Network.
On April 9, the Ninth Circuit Court of Appeals issued a published decision involving crimes involving moral turpitude in the immigration context, in a case where Professor Jennifer Koh served as amicus counsel, along with Professor Kari Hong at Boston College Law School, on behalf of law professors and clinicians with expertise in immigration law or experience defending noncitizens in immigration proceedings. The case, Garcia-Martinez v. Sessions, involved the scope of theft crimes and the immigration law definition of a crime involving moral turpitude, and held that an expanded definition of crimes involving moral turpitude could not retroactively apply to certain theft crimes. Judge Ferdinand Fernandez wrote the opinion.
On January 6, Professor Jennifer Koh served as a moderator and speaker for a panel taking place at the Association of American Law Schools (AALS) Annual Conference in San Diego, California. The panel, entitled “Immigration Adjudication in an Era of Mass Deportation,” was hosted by the AALS Section on Immigration Law, and examined–and critiqued–tools used by the federal government to effectuate policy goals related to mass deportation. Other speakers included Lucas Guttentag (Stanford Law School and Yale Law School), Kevin Johnson (UC Davis School of Law), Jason Cade (University of Georgia School of Law) and Nora Phillips (Al Otro Lado).