JUNE 15, 2026
Supreme Court agrees to decide whether noncitizens can be held indefinitely without bond hearings
The Supreme Court announced Monday it will hear Genalo v. Black, a case examining whether the federal government may detain noncitizens indefinitely during removal proceedings without bond hearings. The case centers on two lawful permanent residents convicted of aggravated felonies who were detained for seven months and nearly two years, respectively, without a hearing to assess flight risk or eligibility for release on bond. The U.S. Court of Appeals for the 2nd Circuit ruled in 2024 that the due process clause requires a bond hearing when detention becomes "unreasonably prolonged."
The Supreme Court's Monday orders list accepted Genalo v. Black for argument during its next term, which runs from October 2025 through April 2027. The case consolidates the habeas corpus petitions of Carol Black and Keisy G.M., two legal permanent residents whom immigration officials sought to remove based on criminal convictions and who were held in detention pending those proceedings.
The Justice Department, which appealed the 2nd Circuit's ruling to the Supreme Court in January, presented the high court with two primary questions: whether federal immigration law permits indefinite detention of noncitizens with criminal convictions pending removal, and, if a bond hearing is constitutionally required, whether the government must justify continued detention by "clear and convincing evidence." The Supreme Court also agreed to consider whether the claim of one of the two individuals may be moot.
The 2nd Circuit had sided with the detainees, finding that the due process clause requires a bond hearing once detention becomes unreasonably prolonged and that the burden falls on the government to justify continued confinement. CNN reported that the Trump administration called that ruling "seriously misguided" in its appeal.