Brazilian father detained without bond hearing after traffic stop, case goes to Supreme Court
Ricardo Aparecido Barbosa da Cunha, a Brazilian immigrant who has lived in the U.S. for over 20 years and owns a home and business in Massachusetts with his wife and two U.S.-born children, was detained by ICE in September 2025 after a traffic stop in Norwood, Massachusetts while driving to work. He had an asylum application and work permit after entering the country around 2005. Under a Trump administration policy issued in July 2025, DHS classified him as an 'applicant for admission' subject to mandatory detention and held him without a bond hearing in Buffalo, New York. He challenged the detention in federal court; a district judge ordered his release, and he was later released on bond. The Second Circuit Court of Appeals unanimously rejected the government's interpretation, joining judges in nine of eleven federal appeals courts who have ruled against it. On October 1, 2026, the Supreme Court granted certiorari to review the administration's appeal, with the ACLU warning the case could affect thousands to millions of noncitizens detained under the same policy.
