Hochul's Aug. 28 pardon of Keisy Guerrero Mariano moots a Supreme Court immigration-detention case: on Sept. 11 the justices dismissed Genalo v. Black, set for argument Oct. 13, after Solicitor General Sauer and the ACLU jointly stipulated the pardon ended his deportability
One of the six pardons in Hochul's Aug. 28 rolling clemency batch went to Keisy Guerrero Mariano (identified in court papers as Keisy G.M.), a lawful permanent resident whose 2015 second-degree assault conviction made him deportable and subject to mandatory ICE detention; the 2nd Circuit ruled in 2024 that his 21 months in detention without a bond hearing violated due process, and the Trump administration's appeal (Genalo v. Black, No. 25-886) was granted June 15 and scheduled for argument Oct. 13. Because the pardon removes the basis for deportation and detention, ACLU legal director Cecillia Wang argued in the Aug. 31 merits brief that the case was moot; Solicitor General D. John Sauer agreed in a Sept. 11 letter, the parties filed a joint stipulation, and the Court dismissed the case the same day. Sauer said DOJ will look for another vehicle to bring the question back this term. The 2nd Circuit precedent requiring bond hearings after prolonged detention stays in place. The governor's Aug. 28 release described the batch as recipients who had lived crime-free for a significant period; it did not mention the pending Supreme Court case. Reaction so far is from outside New York: Iowa Solicitor General Eric Wessan called it "pretty wild to fully pardon an aggravated felon" to block deportation and a Supreme Court ruling; ACLU/NYCLU called it a victory for due process. Fox News says it asked Hochul's office for comment; no response reported yet, and no Blakeman statement found as of Sept. 12.