Prolonged immigration detention & bond hearings

Status: Awaiting decision — Genalo v. Black (No. 25-886)

Certiorari granted Jun 15, 2026; merits briefing (including a mootness question) underway, oral argument not yet scheduled

Next step: Oral argument to be scheduled in October Term 2026 (term begins Oct 2026); merits briefing, including the directed question of whether respondent G.M.'s case is moot, is underway. A decision is not expected until 2027.

Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.

What’s happening

Certiorari granted Jun 15, 2026; merits briefing (including a mootness question) underway, oral argument not yet scheduled

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. The case will determine 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; the right currently recognized by the Second Circuit (covering immigration detention in New York, Connecticut, and Vermont) is at stake nationwide given a circuit split.

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 Keisy G.M.'s case is now moot.

What to watch next

Oral argument to be scheduled in October Term 2026 (term begins Oct 2026); merits briefing, including the directed question of whether respondent G.M.’s case is moot, is underway. A decision is not expected until 2027.

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.