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Brazilian immigrant detained under Trump's no-bond policy; appeals court rules it unconstitutional

Apr 29, 2026 · New York, NY, Brazil

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.

Timeline

Apr 28, 2026Second Circuit Court of Appeals unanimously rules Trump's mandatory detention policy unconstitutional, violates immigration law and due process rights
Sep 2025Ricardo Barbosa da Cunha detained under the no-bond policy
Jul 2025Trump administration implements mandatory detention policy for immigrants without inspection

Sources

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