The Second Circuit has denied rehearing en banc in a habeas case challenging the bondless detention of a noncitizen who entered the United States unlawfully more than two decades ago, leaving in place the panel's holding that 8 U.S.C. § 1226, not § 1225, governs his detention and entitles him to a bond hearing. The order drew a concurrence and a dissent from denial, underscoring the live circuit split over this question. The panel majority had held that § 1225(b)(2)(A)'s mandatory, bondless detention provision applies only to noncitizens actively "seeking admission" at the border, and that someone who has already entered the country unlawfully and remained for years is not seeking admission in that sense, so he falls instead under § 1226(a)'s discretionary detention scheme.
The full text of Barbosa da Cunha v. Freden can be found here: https://ww3.ca2.uscourts.gov/decisions/OPN/25-3141_complete%20en%20banc_opn.pdf