New York Gov. Kathy Hochul has issued a full pardon to a Dominican Republic national convicted of felony assault, an intervention that effectively shuts down a pending U.S. Supreme Court case and blocks the Trump administration from deporting him, according to reporting by Breitbart News.
The pardon targets Keisy Guerrero Mariano, who was convicted of second-degree assault in 2015 and served prison time for the offense. Immigration and Customs Enforcement arrested him in 2020 and designated him for deportation, citing his violent criminal record as a violation of immigration rules.
How the Case Reached the Supreme Court
Marianoâs legal journey became a central test of whether noncitizens detained for extended periods have a constitutional right to a bond hearing. In 2024, the Second Circuit Court of Appeals ruled that prolonged detention can entitle a migrant to seek bond, a decision that the Trump administration appealed to the Supreme Court.
The administration argued that noncitizensâincluding green card holdersâdo not possess a legal right to a bond hearing when they have committed crimes that make them subject to mandatory deportation, as Fox News reported. The Supreme Court agreed to hear the case, docketed as Kenneth Genalo, Director of the New York Field Office of U.S. Immigration and Customs Enforcement, et al., Petitioners v. Carol Williams Black, et al., No. 25-886.
Hochulâs pardon, issued as the high court prepared to consider the matter, erases Marianoâs criminal record. Without a predicate conviction, the case against him collapses, and the Supreme Court will no longer hear arguments. The federal government must now find another migrant to substitute as a party if it wishes to pursue its argument that noncitizens are not protected under the same bond hearing rules as U.S. citizens.
Reaction from Iowaâs Solicitor General
Iowa Solicitor General Eric Wessan sharply criticized Hochulâs decision, framing it as a broader effort to shield migrant criminals from consequences. In a social media post, Wessan wrote, âI wonder how many non-American felons Governors like Hochul will choose to fully pardon and free to avoid them facing consequences for their actions,â according to Breitbartâs account.
The pardon has also drawn attention to Hochulâs broader stance on immigration. In past remarks, she has told migrant communities that they are New Yorkers regardless of when they arrived, a position that critics argue conflicts with federal immigration enforcement priorities.
The White House and the Department of Justice have not yet indicated whether they will seek a replacement case or pursue other avenues to defend the administrationâs interpretation of bond hearing rights. For now, the legal question remains unresolved at the Supreme Court level, with the underlying dispute effectively mooted by a state executive action.
The case had been closely watched by immigration attorneys and state officials alike, as it promised to clarify the scope of due process protections for noncitizens facing prolonged detention. With Marianoâs pardon, that clarification will have to waitâunless the government identifies a new plaintiff whose circumstances mirror his.
Hochulâs office did not immediately respond to requests for comment on the pardon or its impact on the federal case. The governor has previously defended her use of clemency powers, arguing that they are a tool for correcting injustices and reuniting families.
For the Trump administration, the development represents a procedural setback rather than a final defeat. Federal attorneys could still seek review of the Second Circuitâs underlying bond ruling in a future case, though the path forward is now less certain.
Immigration enforcement advocates say the pardon underscores a growing conflict between state executives and federal immigration authorities, particularly in jurisdictions that have adopted sanctuary-style policies. Whether other governors follow suit remains an open questionâone that Wessanâs pointed remark suggests will be a subject of continued political debate.
Source: www.breitbart.com â https://www.breitbart.com/immigration/2026/09/14/new-york-democrat-gov-kathy-hochul-pardons-convicted-felon-migrant-to-protect-him-from-deportation/