The U.S. Supreme Court has dismissed an appeal in Genalo v. Black after New York Gov. Kathy Hochul pardoned a convicted felon, rendering the case moot.
In a Friday filing, Solicitor General John Sauer confirmed the administration’s agreement that the case no longer requires oral arguments. The decision follows Hochul’s late August pardon of Keisy Guerrero Mariano, a lawfully present Dominican citizen convicted of second-degree assault in 2015. Mariano had been detained by Immigration and Customs Enforcement (ICE) for nearly two years before his release in 2022 under a nationwide injunction.
The case centered on whether noncitizens, including green card holders, have a constitutional right to a bond hearing after prolonged detention if they face mandatory deportation. The Second Circuit Court of Appeals ruled in 2024 that such detentions could trigger this right, a decision the Trump administration sought to challenge.
Hochul’s pardon came as the administration prepared its brief, effectively ending the appeal. Sauer stated the administration would pursue an "alternative vehicle" to bring the issue before the Supreme Court during its 2026-27 term.
Mariano’s case had been part of a broader legal dispute involving Carol Williams Black, a Jamaican national with lawful status, both of whom were detained under ICE policies. The Second Circuit’s ruling had blocked the Trump administration from holding migrants without bond for over 90 days, a policy later challenged in court.
The administration’s response highlights an ongoing legal strategy to revisit the issue, despite the current case’s dismissal. Legal experts note that finding a new case may take time, given the procedural requirements for Supreme Court review.