Supreme Court Grants Review in Immigrant Detention Case
Kelsey Reichmann for Courthouse News reports that the Supreme Court today granted review in a pair of cases involving whether two longtime lawful permanent residents subject to mandatory detention are entitled to bind hearings after lengthy periods in custody. The government asked the court to resolve a constitutional question left over from a 2018 case known as Jennings v. Rodriguez.
Amy Howe summarizes the issues in the case for SCOTUSBlog:
"In Genalo v. Black, the court will weigh in on the case of Keisy G.M., a [lawful permanent resident] from the Dominican Republic who was taken into custody in October 2020 . . . after he was convicted of assault and remained there for 21 months [pending removal]. . . . In 2024, the U.S. Court of Appeals for the 2nd Circuit ruled that when a noncitizen’s detention has been `unreasonably prolonged,' the government must hold a bond hearing to determine whether a noncitizen is either a flight risk or a danger to the community, and the government must justify the continued detention by `clear and convincing evidence.'"
In seeking review, the government noted that the Court in Jennings v. Rodriguez (2018) rejected an argument that noncitizens in detention pending removal were entitled to periodic bond hearings. The Court, however, did not resolve the two questions now before it: (1) whether detention may become `unreasonably prolonged,' so that there is a constitutional right to a hearing; and (2) whether, at a hearing, the `clear and convincing evidence' standard applies.
The Court granted review of the case, requesting briefs on "an additional question (raised by G.M.’s lawyers in opposing review) – whether the case is moot . . . because G.M. was released from custody in 2022 . . . ."
