On March 24, Professor Jennifer Koh spoke at Ohio Northern Law School at the Ohio Northern Law Review’s annual symposium, entitled, “Defining Law in a Time of Terror.” She plans to publish an essay in the law review in connection with the symposium.
On April 7, Professor Jennifer Koh participated in a panel entitled “Responses to Gender-Based Violence in the Trump Era,” which took place in connection with a conference on the Politicization of Safety sponsored by the UCI Initiative to End Family Violence. Her comments focused on the impact of current immigration enforcement policies on domestic violence in immigrant communities.
On March 10, 2017, Professor Jennifer Koh presented at the annual Nootbaar Institute Conference at Pepperdine Law School. The theme of this year’s conference was “Religious Critiques of the Law.” Professor Koh spoke on a panel entitled, “Religious Critiques of Civil Rights,” and her presentation focused on the connections between the faith commitments of Christianity and the literature on the intersection of criminal and immigration law, also known as “crimmigration.”
Professor Jennifer Koh recently published Crimmigration and the Void for Vagueness in the Wisconsin Law Review. The article discusses the application of the void for vagueness doctrine to crime-based removal provisions in the immigration law. It argues that the federal courts should find several immigration provisions unconstitutionally vague because the twin values animating vagueness doctrine–providing reasonable notice and preventing arbitrary or discriminatory law enforcement practices–apply with exceptional force in immigration, an area of law in which the liberty stakes of the crime-based removal grounds are high, notice is critical, and the risk of arbitrariness and discrimination by government actors at multiple levels is acute. The article was cited in the merits brief of the Respondent as well as the amicus brief submitted by the National Immigration Project to the United States Supreme Court in Sessions v. Dimaya, a case involving whether 18 U.S.C. sec. 16(b), as incorporated into the federal immigration law, is unconstitutionally vague. The citation for the article is 2016 Wis. L. Rev. 1127.
On February 24, Professor Jennifer Koh spoke at an immigration law symposium hosted by The Scholar: St. Mary’s Law Review on Race and Social Justice, in San Antonio, Texas. Her presentation was based on her forthcoming publication, Removal in the Shadows of Immigration Court, 90 S. Cal. L. Rev. __ (forthcoming, 2017), which discusses the various removal procedures that enable the government to deport certain noncitizens without hearings before immigration courts or that involve minimal substantive review by those courts.
On January 12, 2017, Professor Jennifer Koh spoke at a community forum entitled, “Advancing Justice in Orange County,” which was held at Whittier Law School and sponsored by Asian Americans Advancing Justice as well as over 25 community organizations and academic institutions. The purpose of the forum was to discuss how individuals and groups across Orange County can advance social justice under the incoming Presidential Administration. The panel was moderated by Sylvia Kim (Advancing Justice) and also included Prof. Stephen Lee (UC Irvine), Karin Wang (Advancing Justice), Hussam Ayloush (CAIR), and Carlos Perea (Resilience OC).
On November 14, 2016, Professors Andrew Knapp and Jennifer Koh co-authored an amicus brief to the Ninth Circuit Court of Appeals in Szonyi v. Lynch, a case involving the immigration consequences of crime. The amicus brief addresses the application of the doctrines of Chevron deference, constitutional avoidance and void for vagueness to the Board of Immigration Appeals’ interpretation of a “single scheme of criminal misconduct.” The brief was submitted on behalf of the American Immigration Lawyers Association (AILA)’s Amicus Committee.
Professor Knapp is currently counsel to Respondent James Dimaya in Lynch v. Dimaya, a Supreme Court case that will be argued in early 2017 involving whether the definition of “crimes of violence” in the immigration context is unconstitutionally vague. Professor Koh has authored an article, forthcoming in the December 2016 volume of the Wisconsin Law Review, entitled “Crimmigration and the Void for Vagueness Doctrine,” which explores the void for vagueness doctrine in the context of crime-based removal statutes in more depth.