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 (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.”
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).
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.
Professors Andrew Knapp, Jennifer Koh, and Daniel Sharp all served as speakers at the American Immigration Lawyers Association (AILA) Annual Conference in San Francisco, which took place from June 13-16. Their panels addressed preserving due process protections in immigration court (Professor Knapp), evidentiary objections in immigration court (Professor Koh), and management and leadership skills for immigration attorneys (Professor Sharp). The AILA Annual Conference is the largest immigration law gathering of its kind in the country, and each year brings together thousands of immigration law practitioners, leading law experts, government officials, and other legal professionals from around the United States and the world.
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.
From May 24-May 26, Professor Jennifer Koh participated in the Immigration Law Scholars and Teachers Workshop held at the Drexel University Thomas R. Kline School of Law in Philadelphia, PA. As a member of the conference planning committee, she co-organized a portion of the workshop devoted to clinical teaching and advocacy, along with Professor Jennifer J. Lee of Temple Law School. Professor Koh also served as a commentator for a works-in-progress session for law faculty presenting draft papers. Additionally, she presented a draft of her forthcoming article, “When Shadow Removals Collide: Searching for Solutions to the Legal Black Holes Created by Expedited Removal and Reinstatement,” which will be published in the Washington University Law Review later this year.
On April 30, Professors Jennifer Koh and Sabrina Rivera presented at a concurrent session at the Association of American Law Schools (AALS) Conference on Clinical Legal Education in Chicago, IL. The annual AALS Clinical Conference is the largest gathering of clinical law professors in the nation. Their session was entitled, “Naming Our Core Values When Teaching and Lawyering in a Time of Crisis,” which explored how clinical legal teaching has been challenged and reinvented during the current period of political turmoil. They delivered the session with co-panelists Professors Kristina Campbell (University of District Columbia) and Katherine Evans (University of Idaho), and also planned the session with Professor Elizabeth Keyes (University of Baltimore).