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Brazilian father detained without bond hearing after traffic stop, case goes to Supreme Court

Oct 1, 2026·Location: Buffalo, NY

Country of origin: Brazil

Brazilian father detained without bond hearing after traffic stop, case goes to Supreme Court
Photo via rollcall.com

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.

Timeline

Oct 1, 2026—Supreme Court granted certiorari to review the administration's appeal of the mandatory detention policy
Sep 1, 2025—Ricardo Aparecido Barbosa da Cunha detained by ICE following a traffic stop in Norwood, Massachusetts while driving to work
Sep 1, 2025—Held without bond hearing in Buffalo, New York under the administration's reinterpretation of a 1996 immigration law
Sep 1, 2025—Challenged detention in federal court; district judge ordered his release and he was later released on bond
Sep 1, 2025—Second Circuit Court of Appeals unanimously upheld the ruling against DHS's interpretation
Jul 1, 2025—Trump administration issued policy reclassifying certain noncitizens arrested in the interior as 'applicants for admission' subject to mandatory detention
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