The Supreme Court has scheduled three certiorari petitions regarding the Trump administration's immigration detention policy for conference on September 28th.
Posted by The Lawfare Podcast, Checked
- Sources
- 4 support2 context
- Said
- 1 time·
- Confidence
- 70%
The Lawfare PodcastSep 14, 2026
As of 2026-09-14, three certiorari petitions on the mandatory immigration detention question were set for the September 28, 2026 conference: Rhoney v. Barbosa da Cunha (2nd Cir.), Putra v. Lopez-Campos (6th Cir.), and Buenrostro-Mendez v. Blanche (5th Cir.).
This claim is about the present, so it is judged as of the day it was checked.
What was said
… Obviously, that won't matter, but four did cross political lines, all against the Trump policy: three Trump appointees and one Reagan appointee. The Supreme Court has three CERT petitions on this, presenting this issue, and they have ordered all of them for conference on September 28th. I'm not a Supreme Court expert, but I think that means we might get a possible grant on October 5th, and if they don't grant CERT, something is wrong. Those are the CERT petitions from the Second, Fifth, and Sixth um circuits. …
The Lawfare Podcast · · from the transcriptPost →What we found
Supports. The Supreme Court docket for Rhoney v. Barbosa da Cunha (No. 26-104) shows it was distributed for the 9/28/2026 conference on September 9, 2026, before the claim's date.[1]
Supports. MigrantUSA reports that Putra v. Lopez-Campos (No. 25-1415, from the 6th Circuit) and Buenrostro-Mendez v. Blanche (No. 26-43, from the 5th Circuit) were distributed for the same September 28, 2026 conference, which together with Rhoney makes three petitions.[2]
Supports. SCOTUSblog reports that the orders from the September 28 conference included the Rhoney case on the immigration detention policy, and Reuters-style coverage describes the same conference.[3][4]
Context. The Court granted review in Rhoney on October 1, 2026, and later coverage describes the detention policy as producing a circuit split; this later development does not change the September 14 scheduling state.[2][5][6]
Context. Two of the supporting sources are low-credibility outlets (MigrantUSA and supremecourt.report), so the evidence for the other two petitions rests on secondary reporting rather than the Court's own docket.[1][2]
Sources
6 sources: 6 not rated
- 1Philip L. Rhoney, Acting Director of the Buffalo Field Office of...supremecourt.report · not rated · cited for: supports, context
- 2Bond hearings after interior ICE arrests: circuit split | MigrantUSAmigrantusa.com · not rated · cited for: supports, context
- 3Court agrees to hear arguments in important immigration ...scotusblog.com · not rated · cited for: supports
- 4Supreme Court Convenes for 'Long Conference' to Set 2026-27 ...frnt.com · not rated · cited for: supports
- 5Supreme Court Takes Up a Detention Case the Government Asked It to Holdplainlynow.com · not rated · cited for: context
- 6Supreme Court grants review of Trump administration's ...krgv.com · not rated · cited for: context
Where this claim was made
Said in 1 published post
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