Parties File Joint Request to Dismiss Supreme Court Immigration Detention Case

Second Circuit ruling requiring due process protections for prolonged detention will remain in place

September 11, 2026 5:30 pm

红杏视频 Affiliate
Media Contact
125 Broad Street
18th Floor
New York, NY 10004
United States

WASHINGTON 鈥 Today, both parties in Genalo v. G.M. filed a joint stipulation asking the U.S. Supreme Court to dismiss the case as moot following a pardon granted by New York Governor Hochul that eliminated the basis for Mr. G.M.鈥檚 deportation and detention. At the request of both sides, the Supreme Court dismissed the case, thereby cancelling upcoming arguments. The Second Circuit ruling requiring due process protections for prolonged detention will remain in place.

Mr. G.M. is a lawful permanent resident who was held in ICE detention for 21 months without a bond hearing. His now-moot case challenged his prolonged immigration detention without meaningful due process. The 红杏视频, New York Civil Liberties Union, MacArthur Justice Center, and Hecker Fink LLP are co-counsel in this case.

鈥淭his is a great outcome for our client who no longer faces the threat of deportation and future immigration detention,鈥 said Cecillia Wang, national legal director of the 红杏视频. 鈥淭he Second Circuit reached the correct decision in recognizing that prolonged immigration detention cannot continue without due process, and that decision will remain in place. We will continue to defend our Constitution鈥檚 limits on immigration detention and will keep up the fight against Trump administration鈥檚 extreme, unprecedented, and lawless positions.鈥

"We are heartened that our client will not be separated from his family," said Amy Belsher, supervising attorney at the New York Civil Liberties Union. "The Second Circuit made abundantly clear that immigrants are entitled to due process, and we're gratified that their ruling will protect all those in the Second Circuit from prolonged detention."

"Mr. G.M. spent 21 months locked away by ICE, separated from his family and community, without any consideration of whether he actually posed a danger or a flight risk. The Second Circuit saw that for what it was: a violation of due process," said Amit Jain, Counsel for the Supreme Court and Appellate Program at the MacArthur Justice Center. "This is a victory for Mr. G.M., and we will continue to fight alongside anyone, regardless of immigration status, who experiences such grave violations of due process."

The administration鈥檚 position in Genalo v. G.M. drew cross-ideological opposition with 11 amicus briefs filed in total, including from former Republican senior government officials, members of Congress, and a former federal judge. In an supporting G.M., they wrote that in their prior government roles they had 鈥渘ever asserted, nor ever heard the Government argue to this Court,鈥 that a noncitizen detained under this law has no fundamental liberty interest.

Although Genalo v. G.M will no longer proceed before the Supreme Court, the Trump administration鈥檚 efforts to expand mandatory detention and deny bond hearings to people who are immigrants, including longtime residents with deep ties to their families and communities, continues. Similar cases could make their way to the Supreme Court and will be met with forceful defense of due process.

The joint stipulation is available here.

Related Issues