The National Immigration Project filed an amicus brief in Genalo v. G.M. before the Supreme Court supporting Keisy G.M., whose mandatory detention under 8 U.S.C. § 1226(c) rested entirely on a single conviction that New York Governor Kathy Hochul pardoned in August. With that basis gone, the brief argues, no live controversy remains and the case should be dismissed as moot — or at minimum sent back so the lower courts can consider the pardon's effect before the Supreme Court weighs in. The brief also urges the Court to refrain from addressing issues not presented in this case: whether due process allows "detention based on mere suspicion of criminal conduct pursuant to the Laken Riley Act," and whether a bond hearing is required when someone is detained long after release from criminal custody.
Amicus Brief
Issue area
Crimes/Post-Conviction Relief
Detention
Audience
Attorney
Published:
September 9, 2026