The Catch.A permanent record of checked claims
RECORDSAVED COPY

Saved copy of

Order denying rehearing, September 25, 2026

U.S. Court of Appeals for the Second Circuit · 2026-09-25

Back to source details

The saved file is a PDF document of 0.2 MB. What follows is the text taken from it, which is the text the story quotes.

Jump to the cited passage
                    Case: 25-3141, 09/25/2026, DktEntry: 86.1, (1 of 3)



25-3141
Barbosa da Cunha v. Freden



                     United States Court of Appeals
                                           FOR THE

                                    SECOND CIRCUIT


                                           ORDER



             At a stated term of the United States Court of Appeals for the Second
Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square,
in the City of New York, on the 25th day of September, two thousand twenty-six.

Present:
              RAYMOND J. LOHIER, JR.,
                   Chief Judge,
              RICHARD J. SULLIVAN,
              JOSEPH F. BIANCO,
              MICHAEL H. PARK,
              WILLIAM J. NARDINI,
              STEVEN J. MENASHI,
              EUNICE C. LEE,
              BETH ROBINSON,
              MYRNA PÉREZ,
              ALISON J. NATHAN,
              SARAH A. L. MERRIAM,
              MARIA ARAÚJO KAHN,
              MATTHEW A. SCHWARTZ,
                   Circuit Judges.


Ricardo Aparecido Barbosa Da Cunha,

                             Petitioner-Appellee,

              v.                                                          25-3141
                 Case: 25-3141, 09/25/2026, DktEntry: 86.1, (2 of 3)



Joseph E. Freden, Deputy Field Office Director, U.S.
Immigration and Customs Enforcement,

                      Respondent-Appellant.
_____________________________________

For Respondent-Appellant:              Tiberius T. Davis, Counsel to the Assistant
                                       Attorney General (Brett A. Shumate,
                                       Assistant Attorney General, Civil Division,
                                       Yaakov M. Roth, Principal Deputy Assistant
                                       Attorney General, Drew C. Ensign, Deputy
                                       Assistant Attorney General, Benjamin
                                       Hayes, Senior Counsel to the Assistant
                                       Attorney General, Stephen J. Flynn,
                                       Assistant Director, Jessica R. Lesnau, Trial
                                       Attorney, on the brief), U.S. Department of
                                       Justice, Washington, DC.

For Petitioner-Appellee:               Michael K.T. Tan, American Civil Liberties
                                       Union Foundation, San Francisco, CA (My
                                       Khanh Ngo, Oscar Sarabia Roman,
                                       American Civil Liberties Union Foundation,
                                       San Francisco, CA, Judy Rabinovitz, Natalie
                                       Behr, American Civil Liberties Union
                                       Foundation, New York, NY, Amy Belsher,
                                       New York Civil Liberties Union, New York,
                                       NY, Paul O’Dwyer, Law Office of Paul
                                       O’Dwyer, P.C., New York, NY, on the brief).

For Amici Curiae Immigration Law Amit Jain, Roderick & Solange MacArthur
Scholars, in support of Petitioner- Justice Center, Washington, DC.
Appellee:

For Amici Curiae American Suchita Mathur, Emma Winger, American
Immigration Council and American Immigration Council, Washington, DC.
Immigration Lawyers Association,
in support of Petitioner-Appellee:
ff




                                         2
                 Case: 25-3141, 09/25/2026, DktEntry: 86.1, (3 of 3)



       Following disposition of this appeal on April 28, 2026, an active judge of the
Court requested a poll on whether to rehear the case in banc. A poll having been
conducted and there being no majority favoring in banc review, rehearing in banc
is hereby DENIED.

      Joseph F. Bianco and Alison J. Nathan, Circuit Judges, joined by Eunice C.
Lee, Beth Robinson, Myrna Pérez, and Sarah A. L. Merriam, Circuit Judges, concur
by opinion in the denial of rehearing in banc.

       Matthew A. Schwartz, Circuit Judge, joined by Richard J. Sullivan, Circuit
Judge, concurs by opinion in the denial of rehearing in banc.

      Steven J. Menashi, Circuit Judge, joined as to Parts I and II-E by Michael H.
Park, Circuit Judge, dissents by opinion from the denial of rehearing in banc.

      José A. Cabranes, Circuit Judge, filed a statement with respect to the denial
of rehearing in banc.

                                          FOR THE COURT:
                                          Catherine O’Hagan Wolfe, Clerk




                                         3

Source reader

Source