Professor Jennifer Koh Cited in Judicial Order in United States District Court for the District of Massachusetts Case, D.V.D. v. U.S. Department of Homeland Security
Professor Jennifer Lee Koh is cited in the immigration order of Judge Brian Murphy in the United States District Court for the District of Massachusetts case, D.V.D. v. U.S. Department of Homeland Security, regarding ongoing litigation involving removal of certain noncitizens to other countries. The case arises out of the Trump administration's efforts to conduct deportations to South Sudan, where none of the noncitizens holds citizenship or other ties. The government has requested Supreme Court intervention in the litigation.
Excerpt from Order of U.S. District Judge E. Brian Murphy, D.V.D. v. U.S. Department of Homeland Security
Expedited removal usually involves individuals “apprehended at or near the border” or who are denied admission at ports of entry, before due-process rights attach. Dep’t of Homeland Sec. v. Thuraissigiam, 591 U.S. 103, 106–08 (2020). By contrast, CAT claims emerging from standard removal proceedings, reinstatements of prior removal orders, and administrative removals, see Dkt. 64 at 23, have greater protections, including judicial review. See 8 U.S.C. §§ 1229a, 1231, 1228, 1252; 8 CFR §§ 208.31, 1208.31, 1208.16.20
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20 The Court notes, as have scholars in this area of the law, that it is somewhat of an anomaly that reinstated removal orders are subject to judicial review, while expedited removal orders—which may form the basis for reinstatement—are not. See Jennifer Lee Koh, When Shadow Removals Collide: Searching for Solutions to the Legal Black Holes Created by Expedited Removal and Reinstatement, 96 WASH. U.L. REV. 337, 368–72 (2018). Nevertheless, that is how it works.
The complete order may be found at Court Listener
Professor Koh's article, When Shadow Removals Collide: Searching for Solutions to the Legal Black Holes Created by Expedited Removal and Reinstatement, may be found at SSRN
Additional coverage of the judicial order may be found in the Newsweek article, Judge Rips Trump Admin in 17-Page Memorial Day Immigration Order