Supreme Court · Monday, October 5, 2026
Supreme Court agrees to decide whether people never legally admitted must be held
The File desk · Oct 5, 2026, 10:37 AM UTC
Status
Confirmed (Supreme Court order list, Oct. 1, 2026, and the questions presented). Argument dates are not set.
On Thursday, Oct. 1, the Supreme Court took three new cases. The biggest is an appeal by the federal government. It asks whether federal law requires immigration officers to detain people who live in the country but were never legally admitted, for as long as their deportation cases last. The other two cases involve a Kentucky church group’s building plans and a North Dakota divorce over a veteran’s retirement pay. The Court has not set argument dates.
This order list posted on Thursday, Oct. 1, after an earlier edition had locked. We did not carry it then.
The immigration case is Rhoney v. Barbosa da Cunha, No. 26-104. The petitioner is Philip L. Rhoney, acting director of the Buffalo field office of Immigration and Customs Enforcement. The case comes from the U.S. Court of Appeals for the Second Circuit, No. 25-3141, which ruled April 28, 2026. The question is whether Legal instrument A part of the immigration law. If an officer finds that a person seeking admission is not clearly entitled to be admitted, the person shall be detained while a deportation case runs. The new Supreme Court case asks whether that covers people already living here who were never admitted.8 U.S.C. § 1225(b)(2)(A)
The church case is Missionaries of St. John the Baptist, Inc. v. Frederic, No. 25-1131, from the Kentucky Supreme Court. The Court took only question 1: whether a land-use rule that stops a religious group from building a religious structure on its own land is a “substantial burden” under the Legal instrument A federal law that bars zoning and land-use rules that put a substantial burden on religious exercise, unless the government shows a compelling reason and uses the least restrictive means.Religious Land Use and Institutionalized Persons Act
The divorce case is Marschner v. Marschner, No. 25-1349, from the North Dakota Supreme Court. A divorcing couple agreed the veteran would make up any loss to his ex-wife if he later swapped retirement pay for disability pay. North Dakota’s high court refused to enforce that promise, relying on the Supreme Court’s 2017 decision in Howell v. Howell. The question presented asks: “Does the Legal instrument This law lets state divorce courts divide a service member’s regular retirement pay as marital property. Retirement pay given up in order to receive disability pay stays off limits.Uniformed Services Former Spouses' Protection Act
The same Oct. 1 order list granted the solicitor general’s request to share argument time in Beaird v. United States, which is set for Oct. 13. A separate order the same day denied an emergency request in Americans for Prosperity Foundation v. Albence, No. 26A349, from the Third Circuit. This desk did not fetch that case’s underlying filings. The request was denied. That is all this story says about it.
What is still unknown or disputed
- Argument dates for the three new cases.
- How many people a detention ruling could affect. The pages fetched do not say.
- What the Second Circuit actually held. That opinion was not fetched.
Primary sources
Every claim in this story is drawn from the documents below. If a fetch failed, that is recorded on the card.
Source 1
Order list, Thursday, October 1, 2026 (609 U.S.)
Supreme Court of the United States · October 1, 2026
The petitions for writs of certiorari are granted.
https://www.supremecourt.gov/orders/courtorders/100126zr_6j37.pdf
Source 2
Question presented, No. 26-104
Supreme Court of the United States · October 1, 2026
Whether
mandates the detention pending removal proceedings of aliens who, like respondent, are present in the United States without having been admitted.Legal instrument
8 U.S.C. § 1225(b)(2)(A)
A part of the immigration law. If an officer finds that a person seeking admission is not clearly entitled to be admitted, the person shall be detained while a deportation case runs. The new Supreme Court case asks whether that covers people already living here who were never admitted.
https://www.supremecourt.gov/qp/26-00104qp.pdf
Source 3
Docket No. 26-104
Supreme Court of the United States · October 1, 2026
Philip L. Rhoney, Acting Director of the Buffalo Field Office of U.S. Immigration and Customs Enforcement, Petitioner.
https://www.supremecourt.gov/docket/docketfiles/html/public/26-104.html
Source 4
Question presented, No. 25-1131
Supreme Court of the United States · October 1, 2026
GRANTED LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.
https://www.supremecourt.gov/qp/25-01131qp.pdf
Source 5
Question presented, No. 25-1349
Supreme Court of the United States · October 1, 2026
Does the USFSPA require state courts to refuse enforcement of indemnification provisions in divorce settlement agreements?
https://www.supremecourt.gov/qp/25-01349qp.pdf
Source 6
Miscellaneous order, No. 26A349
Supreme Court of the United States · October 1, 2026
The application for writ of injunction presented to Justice Alito and by him referred to the Court is denied.
https://www.supremecourt.gov/orders/courtorders/100126zr1_j4el.pdf