Second Circuit rules against mandatory detention in Barbosa da Cunha v. Moniz

The United States Court of Appeals for the Second Circuit issues a 3-0 precedential decision authored by Judge Debra Ann Livingston in Barbosa da Cunha v. Moniz, holding that categorical mandatory detention under §235(c) violates the Fifth Amendment Due Process Clause when applied without individualized dangerousness determinations. The opinion explicitly rejects the Jennings precedent, arguing that the Supreme Court misconstrued the statute and that the Constitution requires meaningful review even under mandatory detention provisions. Judge Livingston writes that "the plain text cannot save a detention scheme that eliminates human judgment and proportionality." The decision creates a circuit split with the 5th and 8th Circuits.