Pereira v. Sessions: A Jurisdictional Surprise for Immigration Courts

HRLR Online April 10, 2019

Kit Johnson is an Associate Professor at the University of Oklahoma College of Law.

The United States Supreme Court issued a bombshell opinion regarding immigration court procedure on June 21, 2018: 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 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.

Download the PDF

More HRLR Online

Monica Visalam Iyer

23 December 2025

Climate Equality Litigation and Transformative Justice

Monica Visalam Iyer 23 December 2025

Climate Equality Litigation and Transformative Justice Monica Visalam Iyer Abstract Perhaps the most optimistic view of the climate crisis is that it presents an opportunity, or even a necessity, to forge a new vision of the world that we share. If we are to face the threat of global warming, this must be done not…

Kristen L. Popham, Elizabeth F. Emens, and Jasmine E. Harris

9 August 2023

Disabling Travel: Quantifying the Harm of Inaccessible Hotels to Disabled People

Kristen L. Popham, Elizabeth F. Emens, and Jasmine E. Harris 9 August 2023

Disabling Travel: Quantifying the Harm of Inaccessible Hotels to Disabled People Kristen L. Popham, Elizabeth F. Emens & Jasmine E. Harris Table of Contents Introduction 3 I. Firsthand Accounts of Disabled Individuals Burdened by Violations of the Reservation Rule 13 A. Experiences of Travelers Unable to Acquire Accessibility Information About the Hotel Because the Hotel…

Erin Kurvers

2 August 2023

Constitutional Incentive to Care: Immigrant Children’s Mental Health

Erin Kurvers 2 August 2023

Constitutional Incentive to Care: Immigrant Children’s Mental Health Erin Kurvers Table of Contents Introduction 1118 I. Migration Patterns, Legal Protections, and Mental Health Needs 1121 A. Trends in Migration of Unaccompanied Migrant Minors to the United States 1122 B. Federal Requirements for the Treatment of Unaccompanied Migrant Minors 1125 1. Flores Settlement Agreement 1126 2….

See all