Supreme Court Agrees to Hear Rhoney v. Barbosa da Cunha on Detention Without Bond Hearings
The Supreme Court on Thursday said it will consider whether the Trump administration can detain tens of thousands of immigrants during their removal proceedings without access to bond hearings. The case is known as Rhoney v. Barbosa da Cunha.
Two U.S. appeals courts have allowed noncitizens to be subject to mandatory detention without bond, but nine others have ruled the Trump administration must provide certain immigrants with bond hearings. The 2nd Circuit called the policy the “broadest mass-detention-without-bond mandate in our nation’s history for millions of noncitizens.” CNN’s Supreme Court analyst Steve Vladeck said the administration’s reading of the statute has provoked more than 20,000 rulings in the lower courts.
Circuit rulings already in the corpus: 2026-04-28–second-circuit-rules-ice-mandatory-detention-policy-illegal, 2026-05-08–eleventh-circuit-rejects-trump-no-bond-detention-policy-circuit-split, 2026-07-02–fifth-circuit-90-day-bond-hearing-mandatory-detention-ruling, 2026-07-10–5th-circuit-en-banc-reinstates-mandatory-detention, 2026-07-30–ninth-circuit-rejects-mandatory-detention-deepens-circuit-split; earlier cert: 2026-06-15–scotus-cert-genalo-v-black-prolonged-immigration-detention-bond.
Sources & Citations
The Cascade Ledger. “Supreme Court Agrees to Hear Rhoney v. Barbosa da Cunha on Detention Without Bond Hearings.” The Capture Cascade Timeline, October 1, 2026. https://capturecascade.org/event/2026-10-01--scotus-grants-review-rhoney-v-barbosa-da-cunha-mandatory-detention-no-bond/