Friday, August 24, 2018
Immigration Article of the Day: Pereira v. Sessions: A Jurisdictional Surprise for Immigration Courts by Kit Johnson
Pereira v. Sessions: A Jurisdictional Surprise for Immigration Courts by Kit Johnson, Columbia Human Rights Law Review, Vol. 50, 2018
On June 21, 2, the U.S. Supreme Court issued a bombshell opinion regarding immigration court procedure: Pereira v. Sessions. On its face, the case is a boon for certain noncitizens seeking relief from deportation. Yet, as this Essay explains, Pereira’s implications are far greater. Although the Court’s opinion never mentions jurisdiction, Pereira necessarily means that immigration courts lack subject-matter jurisdiction over virtually every case filed in the last three years, plus an unknown number of earlier-filed cases. This situation arises from the chronic failure of the Department of Homeland Security (DHS) to comply with the law in commencing deportation proceedings. With the clarity afforded by Pereira, the result is that these pending removal cases should be dismissed.