Brazilian immigrant detained under Trump's no-bond policy; appeals court rules it unconstitutional
Apr 29, 2026·Location: New York, NY
Country of origin: Brazil

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
Sources
- Appeals court rejects Trump's no-bond immigration detentions, setting stage for Supreme Court review
NBC News·Apr 29, 2026·archived copy
- Appeals court rejects Trump administration
- Appeals court rejects Trump’s no-bond immigration detentions, setting stage for Supreme Court review
Associated Press·Apr 28, 2026·archived copy
lmtonline.com·Apr 29, 2026·archived copy
- US appeals court rejects Trump’s immigration detention policy
- Appeals court rejects the Trump administration's expansion of mandatory detention for immigrants
Associated Press·Jul 30, 2026·archived copy
- lawandcrime.com
- Federal Appeals Court Rules Against Trump Administration's New Mandatory Detention Policy | American Civil Liberties Union
- An appeals court ruled against ICE’s mandatory detention policy, paving the way for a likely Supreme Court showdown
- Appeals court rejects no-bond immigration detentions
- Trump No-Bond ICE Detention Ruled Illegal, Are You Affected?
allaboutlawyer.com·Apr 29, 2026·archived copy
- Groups Sue Trump Administration Over Stripping Bond Eligibility for Millions of Immigrants | American Civil Liberties Union
- Appeals court rejects Trump's mandatory ICE detention policy
aol.com·Apr 28, 2026·archived copy
- Court Rejects ICE's Mass Detention Policy
newser.com·Apr 29, 2026·archived copy
- Trump No-Bail Immigration Policy Lawsuit 2026
lawfold.com·May 1, 2026·archived copy
- Trump's No-Bail Detention Policy Against Immigrants Faces Legal Blowback: 'They Flipped the Statute on Its Head'
latintimes.com·Jul 30, 2025·archived copy
- Federal appeals court rules against migrants being detained without bond hearings
zeale.co·May 9, 2026·archived copy
- Court: Trump's immigrant mass detention policy contradicts 30 years of precedent
CalMatters·Jul 30, 2026·archived copy
- Trump loses again after appeals court orders ICE to hold bond hearings for deportees
independent.co.uk·Jul 3, 2026·archived copy
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