Jennifer Koh Featured on Podcast Hosted by Capital Center for Law & Policy at University of the Pacific, McGeorge School of Law

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 PodcastsiTunesStitcher Radio and most other podcast downloading sites.

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Jennifer Koh Publishes in Washington University Law Review

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.

Jennifer Koh Co-Authors Amicus Brief for Ninth Circuit Court of Appeals in Support of Rehearing En Banc on Constitutionality of Crimes Involving Moral Turpitude

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.

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). 

Jennifer Koh Trains Orange County Lawyers in Asylum Law; Deportation Defense and the Immigration Consequences of Crime

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.

Jennifer Koh Serves as Amicus Counsel in Published Ninth Circuit Decision on Crimes Involving Moral Turpitude

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.

Jennifer Koh Moderates Panel at Association of American Law Schools Annual Conference 

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).