The Trump administration has submitted a fresh petition to the Supreme Court seeking review of whether certain noncitizens detained by federal authorities are entitled to bond hearings. The Solicitor General’s Office filed the request on Monday, asking justices to decide if a Dominican man, identified only as “D.C.,” qualifies for release pending his removal proceedings.
The filing replaces Genalo v. Black, a case originally scheduled for argument on October 13 that was dismissed on September 11 after New York Governor Kathy Hochul pardoned the central figure, Keisy GM. The government acknowledged the previous matter became moot following the August pardon, which ended GM’s nearly two years of custody under a statute mandating detention without bond hearings for individuals with specific criminal convictions.
Solicitor General John Sauer urged the high court to hear the new case before the U.S. Court of Appeals for the Second Circuit issues a final ruling. Sauer cited a 2022 international commercial arbitration case as precedent for granting review prior to judgment. The administration argues the new petition raises identical legal questions regarding due process and detention authority.
“D.C.” has lived in the United States since 1982 but entered the country unlawfully. While serving a prison sentence on state charges, the Department of Homeland Security initiated removal proceedings against him. An immigration judge determined “D.C.” was incompetent to proceed but ruled the case could move forward with appropriate safeguards. Applications for protection from removal remain pending.
In March, a federal judge in the U.S. District Court for the Southern District of New York granted “D.C.”‘s request for a bond hearing. The government appealed that decision in May. The Second Circuit has yet to hear arguments on the appeal. Jessica Nicole Coffrin-St. Julien of the nonprofit Bronx Defenders represents “D.C.” in the appellate court.
The Supreme Court asked attorneys representing “D.C.” to respond to the cert petition by October 21. The American Civil Liberties Union (ACLU), which was set to argue on behalf of GM in the dismissed case, has not been involved in “D.C.”‘s litigation to date. However, National Legal Director Cecillia Wang stated the organization stands ready to defend due process rights in any new case the court grants.
These proceedings are separate from the administration’s broader effort to deny bond hearings to noncriminal noncitizens. The Supreme Court will consider petitions regarding bond hearings for that distinct group on September 28. The high court’s new term begins October 5.