Event #1 of the Columbia Human Rights Law Review’s 50th Anniversary Symposium Series
Article: Pereira v. Sessions: A Jurisdictional Surprise for Immigration Courts
Authors: Kit Johnson, Associate Professor of the University of Oklahoma College of Law
On June 21, 2018, 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 Professor Johnson will explain, 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.
Professor Johnson will discuss in this lunch event how, with the clarity afforded by Pereira, the result is that these pending removal cases against thousands of immigrants should be dismissed. She will also discuss ongoing litigation regarding the Pereira case, and how events have developed since June 2018.
HRLR’s 50th Anniversary Symposium Keynote is co-sponsored by Student Affairs and the Clerkship Office.
The Author Series is co-sponsored by CSIL, Rightslink, SIRR, and LaLSA.