Supreme Court drops noncitizen bond hearing case after Hochul pardon

Key Points:

• The Supreme Court has declined to hear a case on bond rights for noncitizens detained for lengthy periods after New York Governor Kathy Hochul pardoned Keisy Guerrero Mariano, a Dominican citizen convicted of second-degree assault, rendering the case moot.
• The Trump administration's appeal argued that noncitizens with green card status do not have a legal right to a bond hearing during prolonged detention if convicted of deportable crimes, but Hochul's pardon effectively ended this challenge.
• The Second Circuit ruled in 2024 that prolonged immigration detention without a bond hearing violates the Fifth Amendment's due process clause, but the Supreme Court's potential review was halted due to the mootness of the case.
• Solicitor General John Sauer indicated the administration plans to find another case to challenge the Second Circuit’s ruling in the Supreme Court during the 2026-27 term.
• Hochul's pardon has drawn criticism from legal experts who argue it prevents the Supreme Court from ruling on an important legal issue and may encourage governors to pardon noncitizen felons to avoid deportation consequences.