Prolonged immigration detention & bond hearings

Status: In litigation — Genalo v. Black (dismissed); Genalo v. D.C. (No. 25-886 (dismissed Sept. 11, 2026, Rule 46); No. 26-379 (petition for certiorari before judgment, filed Sept. 21, 2026))

The Supreme Court granted certiorari on June 15, 2026 and had set the case for oral argument on October 13, 2026, but it will not decide it: on September 11, 2026 the case was dismissed under the Court's Rule 46 after all parties filed a joint stipulation to dismiss. In a letter to the Court that day, the Solicitor General said the Governor of New York had granted respondent G.M. a full and unconditional pardon for the conviction on which his mandatory detention was based, that the government therefore agreed G.M.'s case was moot, and that it had decided not to seek vacatur of the judgments below. The October 13, 2026 argument will not take place, and the Supreme Court has not ruled on whether prolonged detention under 8 U.S.C. § 1226(c) requires a bond hearing.

Next step: The question has returned to the Supreme Court in a new case. On September 21, 2026 the government filed Genalo v. D.C., No. 26-379, a petition for a writ of certiorari before judgment in a Second Circuit appeal (No. 26-1396); a September 25, 2026 letter to the Court from counsel in related cases describes it as presenting the same constitutional issues as G.M.'s case. The response is due October 21, 2026. A petition is not a grant: the Court has not agreed to hear it, and nothing about the detention rules in effect changes while it is pending.

Last editorial review: 2026-10-08 — status can change with a single court ruling. Official source.

What’s happening

The Supreme Court granted certiorari on June 15, 2026 and had set the case for oral argument on October 13, 2026, but it will not decide it: on September 11, 2026 the case was dismissed under the Court’s Rule 46 after all parties filed a joint stipulation to dismiss. In a letter to the Court that day, the Solicitor General said the Governor of New York had granted respondent G.M. a full and unconditional pardon for the conviction on which his mandatory detention was based, that the government therefore agreed G.M.’s case was moot, and that it had decided not to seek vacatur of the judgments below. The October 13, 2026 argument will not take place, and the Supreme Court has not ruled on whether prolonged detention under 8 U.S.C. § 1226(c) requires a bond hearing.

Who it affects

Noncitizens, including lawful permanent residents, who are already physically in the United States and held in mandatory ICE custody under 8 U.S.C. Section 1226(c) for prolonged periods (months to years) while their removal proceedings are pending. This case was meant to decide whether such prolonged detention triggers a constitutional right to an individualized bond hearing and, if so, whether the government must justify continued detention by clear and convincing evidence. Because it was dismissed without a ruling, the Second Circuit decision under review (covering immigration detention in New York, Connecticut, and Vermont) was not disturbed — the government said it would not seek vacatur of it — and the same question is now back before the Supreme Court in a new petition.

How it got here

  1. 2024 Second Circuit decides Black v. Decker, 103 F.4th 133 (2d Cir. 2024): prolonged mandatory detention under 8 U.S.C. Section 1226(c) without a bond hearing can violate Fifth Amendment due process, and at such a hearing the government must justify continued detention by clear and convincing evidence (Mathews v. Eldridge analysis). This is the decision below.
  2. Jan 22, 2026 Petition for a writ of certiorari filed by the government.
  3. Jun 15, 2026 Certiorari granted; the Court also directed the parties to brief and argue whether respondent G.M.'s case is now moot.
  4. Jul 30, 2026 Petitioners' merits brief filed at the Supreme Court.
  5. Aug 4, 2026 The Supreme Court sets the case for oral argument on Tuesday, October 13, 2026.
  6. Aug 31, 2026 Respondents' merits brief submitted.
  7. Sep 11, 2026 All parties file a joint stipulation to dismiss under Supreme Court Rule 46.1 and the case is dismissed. The Solicitor General's letter says New York's Governor pardoned respondent G.M.'s aggravated-felony conviction, the government agrees G.M.'s case is moot, and it will not seek vacatur of the judgments below. The October 13, 2026 argument will not take place.
  8. Sep 21, 2026 The government files Genalo v. D.C., No. 26-379, a petition for certiorari before judgment (2d Cir. No. 26-1396) raising the same prolonged-detention question; response due October 21, 2026.

What to watch next

The question has returned to the Supreme Court in a new case. On September 21, 2026 the government filed Genalo v. D.C., No. 26-379, a petition for a writ of certiorari before judgment in a Second Circuit appeal (No. 26-1396); a September 25, 2026 letter to the Court from counsel in related cases describes it as presenting the same constitutional issues as G.M.’s case. The response is due October 21, 2026. A petition is not a grant: the Court has not agreed to hear it, and nothing about the detention rules in effect changes while it is pending.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.