New York Democrat Gov. Kathy Hochul Pardons Convicted Felon Migrant to Protect Him from Deportation
New York Gov. Kathy Hochul granted a full pardon to a Dominican immigrant convicted of felony assault, a move that eliminated the conviction underlying his removal proceedings and brought an abrupt end to a major Supreme Court case over whether certain noncitizens held for extended periods are constitutionally entitled to bond hearings.
The case centered on Keisy Guerrero Mariano, identified in Supreme Court filings as Keisy G.M., a lawfully present Dominican citizen whose case had become the vehicle for resolving a broader dispute over the federal government’s authority to detain certain noncitizens without bond while removal proceedings are pending.
Mariano pleaded guilty to second-degree assault in New York in 2015 and served time for the offense. Immigration and Customs Enforcement arrested him in 2020, with the aggravated-felony conviction serving as the basis for removal proceedings and mandatory immigration detention.
Mariano remained in ICE custody for nearly two years before being released in 2022 under a nationwide injunction connected to health concerns during the COVID-19 pandemic.
Before that release, U.S. District Judge John P. Cronan of the Southern District of New York rejected Mariano’s habeas petition in November 2021.
The legal landscape changed in May 2024, when the Second Circuit Court of Appeals overturned that ruling and concluded that the government must provide noncitizens with a bond hearing when their detention becomes “unreasonably long.” The appeals court held that failing to provide such a hearing would violate the Fifth Amendment’s Due Process Clause.
The Trump administration appealed the ruling to the Supreme Court, arguing against the Second Circuit’s conclusion that the Constitution requires bond hearings in such circumstances. Under federal law, certain noncitizens convicted of specified crimes are subject to mandatory detention while removal proceedings are underway.
The Supreme Court agreed in June to hear the dispute. The case initially involved both Mariano and Carol Williams Black, a Jamaican national who had also challenged his prolonged detention.
Black’s portion of the dispute became moot after he left the United States and submitted a declaration stating that he did not intend to return. That left Mariano’s case as the vehicle through which the justices were expected to decide the constitutional question.
Then, in late August, Hochul granted Mariano a full and unconditional pardon for the aggravated-felony conviction at the center of his immigration case.
The timing immediately changed the Supreme Court litigation. According to Solicitor General D. John Sauer, the pardon came three calendar days before Mariano’s merits brief was due at the Supreme Court.
Because the assault conviction was the basis for Mariano’s pending removal proceedings and the government’s argument that he was subject to mandatory detention, the pardon meant he would no longer be subject to that detention on those grounds, the Solicitor General told the Court.
As a result, both sides agreed that Mariano’s habeas case had become moot.
The parties filed a joint stipulation to dismiss the Supreme Court case on September 11, and the Court’s official docket records that the case was dismissed that day under Supreme Court Rule 46.
The development means the Supreme Court will not use Mariano’s case to decide whether the Second Circuit was correct in holding that prolonged mandatory immigration detention can trigger a constitutional right to a bond hearing.
The Trump administration, however, has made clear that it intends to continue challenging the Second Circuit precedent.
Sauer informed the Supreme Court that the administration would look for another case — an “alternative vehicle” — that could allow the justices to resolve the same legal questions during the Court’s 2026-27 term.
Hochul’s pardon drew criticism from Iowa Solicitor General Eric Wessan, who questioned the governor’s decision to erase the conviction while the Supreme Court litigation was pending.
“I wonder how many non-American felons Governors like Hochul will choose to fully pardon and free to avoid them facing consequences for their actions,” Wessan added.
The federal government had considered asking the Supreme Court to vacate the lower-court rulings after Mariano’s case became moot. Sauer said the administration ultimately decided against doing so, reasoning that vacating those decisions would not resolve conflicting rulings among the federal appeals courts and could delay another suitable case from reaching the Supreme Court.
Instead, the Second Circuit’s ruling remains in place while the administration searches for another case through which it can ask the Supreme Court to decide the broader constitutional dispute.
The episode therefore ended Mariano’s particular Supreme Court battle without resolving the underlying question that brought the case before the justices: when, if ever, the Constitution requires the federal government to provide a bond hearing to a noncitizen who would otherwise be subject to mandatory immigration detention for an extended period.
