Overview
- The Supreme Court agreed Monday, June 15, to review Genalo v. Black, a challenge to whether noncitizens held under 8 U.S.C. §1226(c) must get individualized bond hearings when detention becomes unreasonably prolonged.
- A 2024 Second Circuit decision held that prolonged detention without a bond hearing violates the Constitution and that the government must show by clear and convincing evidence that continued detention is necessary.
- The Department of Justice has asked the Court to overturn the Second Circuit and rule that detainees under §1226(c) have no procedural‑due‑process right to a bond hearing, seeking a categorical rule against such hearings.
- The justices asked the parties to brief whether the case is moot because one detainee left the United States and the other was released from ICE custody, a question that will affect whether the Court decides the broader legal issues now.
- A Supreme Court decision for either side could reshape detention practice for tens of thousands in ICE custody, alter habeas strategies in lower courts, and change the daily lives of detained residents who may now face months or years without individualized custody review.