Second Circuit Court of Appeals Rules ICE Mandatory Detention Policy Illegal, Setting Up Likely SCOTUS Showdown

confirmed Checked against sources Importance 8/10 ~1 min read 5 sources 3 actors

On April 28, 2026, the Second Circuit Court of Appeals held in Barbosa da Cunha v. Freden, No. 25-3141, that 8 U.S.C. 1225(b)(2)(A), the provision the administration relies on for mandatory detention without a bond hearing, does not apply to noncitizens who are present in the United States after entering without inspection and admission and who were not apprehended at or near the border at the time of entry. The holding is statutory. The court added that it would reach the same conclusion under the doctrine of constitutional avoidance.

The decision contradicted two other appeals courts, likely setting up the issue for scrutiny by the Supreme Court. One of them is the Fifth Circuit, which on February 6, 2026 concluded in Buenrostro-Mendez v. Bondi that the government’s position is correct.

Sources & Citations

[1] An appeals court ruled against ICE's mandatory detention policy, paving the way for a likely Supreme Court showdown — Philadelphia Inquirer · Apr 28, 2026 Tier 1

[2] Appeals court finds ICE's mandatory detention policy illegal — MSNBC · Apr 28, 2026 Tier 2

[3] Federal appeals court considers immigration detainees' right to bond hearings — Maine Public · May 5, 2026 Tier 2

[4] Petition for a Writ of Certiorari, Rhoney v. Barbosa da Cunha, No. 26-104 (reproduces the Second Circuit opinion in Appendix A) — Supreme Court of the United States (docket filing) · Jul 23, 2026 Tier 1

[5] Buenrostro-Mendez v. Bondi, No. 25-20496 (5th Cir. Feb. 6, 2026) — U.S. Court of Appeals for the Fifth Circuit · Feb 6, 2026 Tier 1

Tiers Tier 1 court records & gov docs · Tier 2 established outlets · Tier 3 regional & specialty press · Tier 4 opinion or single-source. Methodology →

Cite this entry

The Cascade Ledger. “Second Circuit Court of Appeals Rules ICE Mandatory Detention Policy Illegal, Setting Up Likely SCOTUS Showdown.” The Capture Cascade Timeline, April 28, 2026. https://capturecascade.org/event/2026-04-28--second-circuit-rules-ice-mandatory-detention-policy-illegal/