- Fall 2016: Ninth Circuit Appellate Project
- Spring 2017: Criminal Law, Ninth Circuit Appellate Project
Kari E. Hong
Boston College Law School
885 Centre St.
Newton Centre, MA 02459
East Wing 320
Removing Citizens: Parenthood, Immigration Courts, and Derivative Citizenship Georgetown Immigration Law Journal (2015)
As a creature of administrative law, Congress has set forth clear, statutory definitions of “parent,” “child,” “son,” “daughter,” and “step-parent.” As a practical matter, these terms create a uniform system by which family relationships are ...
Parens Patri[Archy]: Adoption, Eugenics, and Same-Sex Couples California Western Law Review (2003)
Arkansas, Florida, Mississippi, and Utah have laws or regulations prohibiting gay men, lesbian women, same-sex couples, or single parents (heterosexual and homosexual) from serving as adoptive or foster parents. In court filings, Arkansas, Florida, and ...
Essays, Symposium Pieces, and Book Chapters (8)
The Costs of Trumped-Up Immigration Enforcement Measures Cardozo Law Review, Forthcoming (2017)
Introduced with dramatic flair, the Trump administration’s immigration policies involve heightened enforcement measures—more arrests, more ICE officers roaming our streets and airports, more detentions, more deportations, and more wall. These measures outlined in the new ...
The Ten Parts of "Illegal" in "Illegal Immigration" that I Do Not Understand U.C. Davis Law Review (2017)
Many who support immigration enforcement measures will justify their position by asking what part of illegal in illegal immigration do you not understand? This essay provides ten answers to that question. The term “illegal immigrant” ...
Obergefell's Sword: The Liberal State Interest in Marriage University of Illinois Law Review (2016)
Up until Obergefell v. Hodges, pro-marriage ideology was used to justify homophobic laws and the entrenched sexism of traditional marriages. Now that marriage equality is the law of the land, there is room for a ...
After Obergefell: Finding a Contemporary State Interest in Marriage The Contested Place of Religion in Family Law (2016)
In June 2015, in Obergefell v. Hodges, the Supreme Court established that same-sex couples have a fundamental right to marry. The decision articulated a sweeping defense of marriage, specifically the dignity that the institution provides ...
From Footnote to Footprint: Obergefell's Call to Reconsider Immigration Law as Family Law Family Law in Britain and America (2016)
This chapter is an engagement with the Obergefell decision to suggest one way in which the decision’s articulation of the citizen’s relationship with the government (or ‘the State,’ as is the preferred nomenclature among some) ...
Famigration (Fam Imm): The Next Frontier in Immigration Law Virginia Law Review Online (2014)
The recently published article, Immigration’s Family Values by Professor Kerry Abrams and R. Kent Piacenti, and the forthcoming Removing Citizens: Parenthood, Citizenship, and Immigration Courts by Kari Hong examine how, when, and why immigration law ...
Ninth Circuit Appellate Program (6)
The BC Ninth Circuit Appellate Program provides pro bono representation to non-citizens with criminal convictions. A central criticism of immigration law is that it treats hundreds of crimes the same, failing to take into account that state and federal judges consider specific offenses not serious or deserving of probation instead of incarceration. The clinic’s mission is to use federal court advocacy to restore proportionality and common sense into the immigration consequences of criminal convictions. For information about the clinic, its past cases, videos of students arguing before the Court, and related press, please go to: http://bclawlab.org/ncap/
Lopez-Valencia v. Lynch, 798 F.3d 863 (9th Cir. 2015) with Kelly Schwartz '15 and Jeremy Sanders '15 (2015)
California theft offenses can no longer serve as aggravated felonies because California's theft statute is indivisible because the jury does not have to distinguish between fraud and larceny when convicting defendants of a charged crime.
Blackwell-Hill v. Lynch, 614 Fed.Appx. 348, (9th Cir. 2015) with Shannon Johnson ’15 and Alejandra Salinas '15 (2015)
Presenting claim that Nevada’s solicitation of prostitution statute was not a crime of moral turpitude because the statute was a crime of general intent and permitted conduct in licensed brothels. Court remanded the case to the ...
Garcia v. Holder, 749 F.3d 785 (9th Cir. 2014) with Marija Ozolins '14 and Mackenzie Houck '14 (2014)
Upholding immigration judge’s decision that an abused woman from the Dominican Republic who misrepresented her identity when apprehended at the border could be found not credible despite no inconsistencies regarding the material facts of her ...
Jara-Arellano v. Holder, 567 Fed. App'x 544? (9th Cir. Apr. 11, 2014) with David Kete '14 and Andrew Trombly '14 (2014)
Defense counsel’s stipulations that Mr. Jara’s prior convictions constituted particularly serious crimes were not binding on the Court because the classification of his convictions is a matter of law, subject to de novo review. The Court further ...
Op-Eds and Blogs (9)
There Is One Clear Way To End Trump’s Immigration Ban: An Act Of Congress WBUR Cognoscenti (2017)
This op-ed points out that Congress can end Trump's executive order banning the admission of refugees, asylum seekers, and other non-citizens. "[A]s much as preferential treatment for some refugees over others is allowed by Congress, ...
Deporting Illegal Immigrants who Commit Crimes Isn’t Always the Answer The Boston Globe (2015)
This editorial argues for smarter immigration policies than the current measures used to identify, detain, and deport immigrants who have criminal convictions. The editorial argues against wasteful detention practices and current immigration law that classifies ...