The Supreme Court accepted a case on October 1st regarding whether the government can deny bail to those who entered the country without inspection. A ruling has not yet been issued.
The U.S. Supreme Court agreed on October 1, 2026, to review whether the government can detain immigrants who entered the country without inspection without a bail hearing while their deportation case is being resolved. The case is called Rhoney vs. Barbosa da Cunha and it bears the number 26-104.
The court record indicates that the case came from the Second Circuit Court of Appeals, which issued its decision on April 28, 2026. The petitioner is the acting director of the Buffalo field office of Immigration and Customs Enforcement (ICE). You can consult the official file at the Court's site.
Accepting the case does not change the rules of detention or order anyone's release. The Court has not yet decided on the merits of the case.
What does it mean to you?
- For now, the rule that applies to a detained person depends on the court where their case is presented.
- The Supreme Court has not yet issued a ruling; the final decision will set a rule for the entire country.
- If you or a family member are detained, an immigration lawyer or accredited legal organization can explain what options apply to that case.
Legal notice: This information is general and does not replace the advice of a licensed immigration attorney or a representative accredited by the Department of Justice.
This information is general and does not replace the advice of a licensed immigration attorney or a representative accredited by the Department of Justice. The Latin Americans does not offer legal services.
