Legal Af
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Trump UTTERLY REBUKED by His OWN JUDGE
Posted
May 14, 2026
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12,509
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May 14, 2026
12,509
1,571
54
12.99%
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11:24Now PlayingAttorneys Brian Kabateck and Shant Karnikian break down the Second Circuit's unanimous rejection of the Trump administration's attempt to jail millions of long-term undocumented residents without bond hearings. The case centered on Ricardo Barbosa da Cunha, a Brazilian national who has lived in Massachusetts for over 20 years, owns a construction business, has two U.S. citizen children, and has zero criminal history. Under a July 2025 ICE directive, the administration reclassified people like him as "applicants for admission," a legal category designed for people arriving at the border, triggering mandatory detention with no bond hearing and no individualized review. Judge Joseph Bianco, a Trump appointee who wrote the majority opinion, said the government's interpretation would create "the broadest mass-detention-without-bond mandate in our Nation's history." About 90% of the more than 370 federal judges to consider the policy have rejected it. Brian and Shant walk through the statutory fight: Congress created a tiered system distinguishing between people arriving at the border and those already living in the country, and the administration tried to collapse that distinction with an internal memo. The ruling deepens a circuit split with the Fifth and Eighth Circuits, making Supreme Court review likely. Immigration detentions have surged 70% since January 2025, with over 68,000 people now held.
Kabateck LLPCall 184474CIVIL for a free case evaluation or visit us at
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