Pardon that mooted the Supreme Court's immigration-detention case
Hochul's Aug. 28, 2026 pardon of Keisy Guerrero Mariano (Keisy G.M. in court papers), a lawful permanent resident convicted of second-degree assault in 2015, erased the sole basis for his deportability and mandatory ICE detention. That ended Genalo v. Black, the Trump administration's Supreme Court appeal of a 2024 2nd Circuit ruling that his 21 months in detention without a bond hearing violated due process; argument had been set for Oct. 13. The ACLU raised the pardon in its Aug. 31 merits brief, Solicitor General D. John Sauer conceded mootness in a Sept. 11 letter, the parties jointly stipulated, and the Court dismissed the case the same day. The 2nd Circuit precedent stands; DOJ says it will seek another case this term. The governor's clemency release did not mention the litigation, and the timing (pardon issued days before the respondent's brief was due) is the core of the criticism. Hochul's office had not commented as of Sept. 12; no Blakeman statement located yet.
The case on each side
The governor's office framed the batch as routine rolling clemency for people who served their sentences years ago, lived crime-free and were still burdened by old convictions; the Clemency Advisory Panel recommended the grants. ACLU/NYCLU and the MacArthur Justice Center call the outcome a due-process victory that keeps a family together and leaves in place a 2nd Circuit rule that prolonged detention requires a bond hearing; 11 amicus briefs, including from former Republican officials, opposed the administration's position.
Critics say a full pardon of an aggravated-felony assault conviction, issued just as the respondent's Supreme Court brief was due, looks designed to block both a deportation and a ruling the state feared losing. Iowa Solicitor General Eric Wessan called it "pretty wild" and asked how many noncitizen felons governors would pardon to avoid consequences; conservative outlets describe it as a last-minute maneuver. The release's silence on the pending case fuels the timing question.