The Supreme Court has dismissed a significant immigration detention case after New York Gov. Kathy Hochul pardoned the key migrant, making him no longer deportable.
Both the Justice Department and the lawyers for the migrant, identified in court documents as “Keisy GM,” agreed to the dismissal of the case, which the court granted Friday.
U.S. Solicitor General D. John Sauer said he hopes to find another case that can be rushed to the justices for a ruling in the coming months.
“The government has decided to stipulate to the dismissal of these cases under this court’s Rule 46.1, with the aim of identifying alternative vehicles, including from the Second Circuit, that would still allow this court to resolve the questions presented during October term 2026,” Mr. Sauer wrote.
The case tested the boundaries of the government’s power to detain migrants facing deportation. It initially involved two migrants who’d been held for seven months and 21 months.
The 2nd U.S. Circuit Court of Appeals had ruled those were excessive and the migrants deserved bond hearings where the burden was on the government to show why they needed to be held.
One of the migrants, Carol Williams Black, previously had her case become moot, but the other case remained live until Ms. Hochul, a Democrat, pardoned Keisy Guerrero Mariano last month.
He had been convicted of second-degree assault in 2015, which had made him deportable even though he had lawful permanent status.
Ms. Hochul, in her pardon, said he and the other five people she granted clemency had “lived crime-free lives for a significant period of time and have made positive contributions to their communities.”
Ms. Hochul is one of several Democratic governors who have used their pardon powers as a shield over deportable migrants, erasing the legal grounds for their ouster.
The dismissal of the case leaves in place the 2nd Circuit’s ruling, meaning that — for now — migrants in New York, Connecticut and Vermont are entitled to bond hearings if their detention carries on long enough.
Mr. Sauer said that decision is in conflict with other appeals courts, which makes the issue still ripe once a better case rises.
The American Civil Liberties Union, which represented Mr. Guerrero Mariano, cheered the dismissal.
“We are heartened that our client will not be separated from his family,” said Amy Belsher, supervising attorney at the New York Civil Liberties Union. “The 2nd Circuit made abundantly clear that immigrants are entitled to due process, and we’re gratified that their ruling will protect all those in the 2nd Circuit from prolonged detention.”
Contact the author
Please read our comment policy before commenting.