Saved copy of
Order denying rehearing, September 25, 2026
U.S. Court of Appeals for the Second Circuit · 2026-09-25
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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
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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
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