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Supreme Court agrees to decide whether people can be held without a bond hearing

Oct 1, 2026 · Supreme Court

The Supreme Court agreed to review Rhoney v. Barbosa da Cunha (No. 26-104). The question is whether federal law (8 U.S.C. § 1225(b)(2)(A)) requires detention, with no bond hearing, of people who are in the United States without having been admitted. Under a policy ICE adopted in 2025, such people are treated as subject to mandatory detention. Federal appeals courts have divided: CBS News reports that two courts of appeals have allowed the no-bond policy and nine have required bond hearings. News coverage says argument is expected early next year, with a decision likely by late June.

What this may mean: Until the Court rules, whether a detained person can ask for a bond hearing may depend on where they are held. If someone you know is detained, speak with an attorney immediately about bond options and deadlines.

Sources: CBS News · CNN · NBC News · Supreme Court: question presented

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