Rhoney v. Barbosa da Cunha, No. 26-104, is a pending United States Supreme Court case regarding detaining non-citizens in the US without bond during removal proceedings.
Background
In the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Congress substantially revised the immigration laws. In 2025, the Trump administration asserted IIRIRA mandated the detention without bond of aliens who had entered the country unlawfully during their removal proceedings. In the decision below, the United States Court of Appeals for the Second Circuit disagreed. The Second Circuit denied rehearing en banc, over a dissent written by Judge Steven Menashi.
Supreme Court
The Supreme Court granted certiorari on October 1, 2026.
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