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        No. 26-104 · October Term 2026

        Rhoney v. Barbosa da Cunha

        Granted October 1, 2026 · From the United States Court of Appeals for the Second Circuit

        Question

        Does the federal law requiring mandatory detention for noncitizens “seeking admission” apply to people who entered the United States illegally years ago and have remained here without formal admission?

        Facts of the case

        Ricardo Aparecido Barbosa Da Cunha, a Brazilian national, entered the United States without authorization more than two decades ago and has lived here ever since, never having been formally admitted by immigration officials. Federal immigration law establishes two different frameworks for detaining noncitizens during removal proceedings. One provision, 8 U.S.C. § 1225(b)(2)(A), mandates detention without any opportunity for a bond hearing for noncitizens who are “applicants for admission” and are “seeking admission” to the United States. A separate provision, 8 U.S.C. § 1226, allows detention with an opportunity for a bond hearing for noncitizens already present in the country. A third provision, § 1225(a)(1), directs that any noncitizen present in the United States who has not been formally admitted “shall be deemed” an applicant for admission for purposes of the immigration laws. When immigration authorities detained Barbosa Da Cunha and began removal proceedings against him, he requested a bond hearing. An immigration judge denied that request. Barbosa Da Cunha then filed a petition for a writ of habeas corpus in the U.S. District Court for the Western District of New York,…

        From Oyez.