The U.S. Supreme Court on Friday, September 11, 2026, dismissed an immigration case that had been scheduled for oral argument in October. U.S. Solicitor General D. John Sauer and attorneys for the challenger filed a joint stipulation to dismiss the case, Genalo v. Black, after both sides agreed the matter was moot.
The case centered on whether noncitizens held in long-term detention are entitled to bond hearings under the Fifth Amendment's due process clause. Specifically, the justices were set to examine Section 1226(c) of the Immigration and Nationality Act, which requires the mandatory detention of noncitizens, including green card holders, who have been convicted of certain crimes and are awaiting removal proceedings.
The legal challenge originally involved two men. One, Carol Williams Black, left the United States and declared he would not return. The other, identified as Keisy G.M., had been detained for 21 months following an assault conviction. In late August 2026, New York Governor Kathy Hochul granted G.M. a pardon for that conviction. ACLU National Legal Director Cecillia Wang stated that because of the pardon, G.M. was no longer deportable or subject to mandatory detention, rendering his habeas case moot.
For those in immigration custody, the resolution of this legal question would have dictated whether they could seek release or remain detained during removal proceedings. The absence of a Supreme Court ruling means that the U.S. Court of Appeals for the 2nd Circuit’s decision, which favored the detainees' right to a hearing, remains in place for that specific jurisdiction, but does not become a national standard. This leaves a 2018 precedent, Jennings v. Rodriguez, as the primary guidance; that ruling established that the statute itself does not require bond hearings but left the constitutional due process question unanswered.
The dismissal results in the removal of the case from the court's Tuesday, October 13, 2026, calendar, leaving only six arguments total for the October sitting. U.S. Solicitor General D. John Sauer indicated in a letter to the court clerk that the Justice Department aims to bring the issue back to the Supreme Court in a future petition for review. Until a new case is accepted and decided, the constitutional requirements for bond hearings during lengthy mandatory detentions remain unresolved at the national level. No specific date for a new petition was provided.