Brazilian immigrant detained under Trump's no-bond policy; appeals court rules it unconstitutional
On April 28, 2026, the U.S. Court of Appeals for the Second Circuit unanimously ruled that the Trump administration's mandatory detention policy for immigrants without inspection—implemented in July 2025—violated federal immigration law and constitutional due process by denying bond hearings. The case centered on Ricardo Barbosa da Cunha, a Brazilian national who had lived in the U.S. for over 20 years with work authorization, a business, and a pending legal status application when detained under the policy in September 2025. The court rejected the government's statutory interpretation of 1996 immigration law, finding it improperly expanded detention to all non-citizens regardless of U.S. residence length, criminal history, or community ties. The decision created a circuit split, as two other appellate courts had previously upheld the policy, setting up likely Supreme Court review.
























