Supreme Court Takes Up Immigration Detention Case on Bond Hearings for Long-Term Residents
The U.S. Supreme Court on October 1 agreed to hear Rhoney v. Barbosa da Cunha (No. 26-104), an immigration detention case that will decide whether noncitizens who entered the country without inspection and have lived here for years are entitled to a bond hearing when immigration authorities detain them.
Ricardo Aparecido Barbosa da Cunha, a citizen of Brazil, entered the United States without inspection and lived here for about twenty years. After immigration officials detained him, he was denied a bond hearing under 8 U.S.C. § 1225(b)(2)(A), which imposes mandatory detention on people apprehended while entering the country. The Second Circuit held that his detention is instead governed by § 1226(a), which permits release on bond, because § 1225's mandatory-detention rule applies only to noncitizens apprehended while entering or shortly thereafter.
The question before the Court is whether § 1225(b)(2)(A) mandates detention, pending removal proceedings, of people who are present in the United States without having been admitted. The case will be argued this term, with a decision expected by mid-2027, and the outcome will shape access to bond hearings in immigration detention nationwide.
Published by GSM · USA (original Chinese edition)
Photo: 图：美国最高法院大楼，华盛顿特区。摄影：Tom Engberg，美国国家公园管理局，公共领域，来源：Wikimedia Commons / Photo: The U.S. Supreme Court building in Washington, D.C. Credit: Tom Engberg, National Park Service, public domain, via Wikimedia Commons
