Supreme Court Accepts Case on Mandatory Immigration Detention Without Bond Hearings
October 1, 2026 — Court Watch
The U.S. Supreme Court agreed on October 1 to hear Rhoney v. Barbosa da Cunha, No. 26-104, a dispute over whether federal immigration law requires detention without a bond hearing for people present in the United States without having been admitted, including people arrested in the interior years after entering.
Procedural status: Review granted; merits pending. The Court has accepted the case for review. It has not ruled that the government’s detention interpretation is lawful or unlawful. The case challenges a Second Circuit decision rejecting that interpretation.
Why it matters
The eventual decision could determine whether many people in removal proceedings nationwide can seek release through a bond hearing. Federal appeals courts have reached conflicting conclusions about the detention statute.
The competing positions
The government argues that 8 U.S.C. § 1225(b)(2)(A) requires detention for noncitizens present without admission and that the disagreement among appeals courts has produced inconsistent enforcement.
The challenger’s lawyers, including the American Civil Liberties Union, argue that the government improperly extends restrictions associated with arrival at the border to people apprehended throughout the country. They oppose a reading that could deny bond hearings to millions of people living in the United States.
Event date: October 1, 2026. Reporting date: Reuters published its report October 1 at 13:40 UTC (8:40 a.m. Central).