Tuesday, July 24, 2018

Jotwell: Fan on Koh's Shadow Removals

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Fan and Koh

At the Journal of Things We Like (JOTWELL), Mary Fan (U-dub) reviews Jennifer Lee Koh's recent articles When Shadow Removals Collide: Searching for Solutions to the Legal Black Holes Created by Expedited Removal and Reinstatement, __ Wash. U. L. Rev. __ (forthcoming) and Removal in the Shadows of Immigration Court, 90 S. Cal. L. Rev. 181 (2017).

Fan writes:

Koh’s articles are a fascinating and macabre education on removal proceedings in the “shadows of immigration court,” as she terms it. She powerfully illuminates how the vast majority of people removed from the United States never make it into an immigration court. Her work dispels the conventional assumption that removals proceed by formal order following adjudication by an immigration judge. She gives us a primer on the five main ways people are removed with extreme expedition today.

Those include: expedited removal at the border, reinstatement of removal, administrative removal, stipulated removal, and in absentia removal.

Fan 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."



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