Supreme Court of the United States · Official docket →
Philip L. Rhoney, Acting Director of the Buffalo Field Office of U.S. Immigration and Customs Enforcement v. Ricardo Aparecido Barbosa da Cunha
Paid petition · United States Court of Appeals for the Second Circuit, No. 25-3141 · judgment April 28, 2026
Before the decision, about 16.1× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a circuit split argued in the petition.
Question presented
Whether 8 U.S.C. 1225(b)(2)(A) mandates the detention pending removal proceedings of aliens who, like respondent, are present in the United States without having been admitted.
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
Michael King Thomas Tan
American Civil Liberties Union Foundation
Case
Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Miscellaneous order, October 1, 2026 · Certiorari granted
Proceedings
- Oct 16 2026Motion of Federal Parties for an extension of time submitted.
- Oct 01 2026Petition GRANTED.
- Oct 01 2026As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
- Sep 25 2026Letter of respondent Ricardo Aparecido Barbosa da Cunha received.
- Sep 14 2026Letter of September 14, 2026 from counsel for respondent submitted. (Distributed)
- Sep 14 2026Letter of September 14, 2026 from counsel for respondent filed. (PDF upload - October 5, 2026)
- Sep 09 2026DISTRIBUTED for Conference of 9/28/2026.
- Sep 04 2026Reply of petitioner Philip L. Rhoney filed. (Distributed) (PDF upload - October 6, 2026)
- Aug 21 2026Brief of respondent Ricardo Aparecido Barbosa da Cunha filed.
- Aug 21 2026Brief of respondent Ricardo Aparecido Barbosa da Cunha filed. (PDF upload - October 5, 2026)
- Jul 23 2026Petition for a writ of certiorari filed. (Response due August 24, 2026) (PDF upload - October 6, 2026)
- Jul 23 2026Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.