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Posted on 09/12/2026 7:56:48 PM PDT by Libloather
The Supreme Court will no longer hear an oral argument for a case centered on bond rights for noncitizens detained for lengthy periods, ruling the case moot after New York Democratic Gov. Kathy Hochul pardoned a lawfully present Dominican citizen, who pleaded guilty to second-degree assault.
Hochul pardoned Keisy Guerrero Mariano, who is identified in court documents as "Keisy GM," in late August, effectively killing the Trump administration's appeal to the Supreme Court arguing that noncitizens, including those with green card status, do not have a legal right to a bond hearing for a prolonged detention if they have committed crimes that are grounds for mandatory deportation.
Hochul, who is staunchly opposed to President Donald Trump's immigration enforcement crackdown, issued the pardon for Mariano just as the brief was due.
Solicitor General John Sauer agreed Friday that Genalo v. Black is now moot, but said the Trump administration will seek an "alternative vehicle" to challenge the Second Circuit’s 2024 ruling that prolonged immigration detention can trigger a constitutional right to a bond hearing.
Sauer said the administration intends to find another case through which the Supreme Court can resolve the issue during its 2026-27 term.
The lawsuit centered on the challenges of plaintiffs Carol Williams Black, a Jamaican national with lawful standing, and Mariano — both convicted criminals detained by ICE.
(Excerpt) Read more at foxnews.com ...
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