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 PDFMore HRLR Online
Disabling Travel: Quantifying the Harm of Inaccessible Hotels to Disabled People
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…
Constitutional Incentive to Care: Immigrant Children’s Mental Health
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….
Vague Made Vogue: The Unconstitutionality of the Particularly Serious Crime Bar
Vague Made Vogue: The Unconstitutionality of the Particularly Serious Crime Bar Haylee R. Bunner Table of Contents Introduction 1002 I. The Evolution of the Particularly Serious Crime Bar and the Void for Vagueness Doctrine 1006 A. The Current State of the Particularly Serious Crime Bar 1006 1. Evolution of the Particularly Serious Crime Bar 1008…