Decided
Mullin v. Al Otro Lado
Holding
Under the Immigration and Nationality Act, an alien “arrives in the United States” for purposes of 8 U.S.C. §§1158(a)(1) and 1225(a) only when the alien crosses the border into the United States; the INA neither entitles an alien standing at the border in Mexico to apply for asylum nor requires an immigration officer to inspect him.
Judgment
Reversed and remanded, 6-3, in an opinion by Samuel Alito on Jun 25, 2026. Justice Thomas wrote a concurring opinion. Justice Sotomayor wrote a dissenting opinion, joined by Justices Kagan and Jackson. Jackson also wrote a dissenting opinion.
Vote
6
3
AlitoRobertsThomasGorsuchKavanaughBarrett
SotomayorKaganJackson
Related Coverage
Jul 1, 2025Petition for a writ of certiorari filed. (Response due July 31, 2025)Jul 30, 2025Waiver of right of respondent Al Otro Lado, et al. to respond filed.Jul 31, 2025Brief amici curiae of U.S. Senator Ted Cruz, et al. filed.Jul 31, 2025Brief amicus curiae of America's Future filed.
Aug 6, 2025DISTRIBUTED for Conference of 9/29/2025.
Aug 7, 2025Response Requested. (Due September 8, 2025)
Aug 8, 2025Motion to extend the time to file a response from September 8, 2025 to October 8, 2025, submitted to The Clerk.Aug 11, 2025Motion to extend the time to file a response is granted and the time is extended to and including October 8, 2025, for all respondents.
Oct 8, 2025Brief of respondents Al Otro Lado, et al. in opposition filed.Oct 22, 2025DISTRIBUTED for Conference of 11/7/2025.
Oct 23, 2025Reply of petitioners Kristi Noem, Secretary of Homeland Security, et al. filed. (Distributed)Nov 10, 2025DISTRIBUTED for Conference of 11/14/2025.
Nov 17, 2025Petition GRANTED.
Dec 19, 2025Motion for an extension of time to file the briefs on the merits filed.Dec 29, 2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including January 6, 2026. The time to file respondents' brief on the merits is extended to and including February 10, 2026.
Jan 6, 2026Brief of petitioners Kristi Noem, Secretary of Homeland Security, et al. filed.Jan 6, 2026Joint appendix filed.Jan 13, 2026Brief amici curiae of U.S. Senator Ted Cruz, et al. filed.Jan 13, 2026Brief amici curiae of America's Future, et al. filed.Jan 13, 2026Brief amicus curiae of Federation for American Immigration Reform filed.Jan 30, 2026SET FOR ARGUMENT on Tuesday, March 24, 2026.
Feb 4, 2026Record requested from the United States Court of Appeals for the Ninth Circuit.
Feb 10, 2026Brief of respondents Al Otro Lado, et al. filed.Feb 17, 2026Brief amicus curiae of Constitutional Accountability Center filed.Feb 17, 2026Brief amici curiae of Global Strategic Litigation Council, et al. filed.Feb 17, 2026Brief amicus curiae of HIAS, Inc. filed.Feb 17, 2026Brief amici curiae of Members of Congress filed.Feb 17, 2026Brief amici curiae of Immigration Law Professors filed.Feb 17, 2026Brief amici curiae of Amnesty International USA, et al. filed.Feb 17, 2026Brief amici curiae of Bipartisan Former Officials of the Departments of Homeland Security, State, and Justice, et al. filed.Feb 17, 2026Brief amicus curiae of United States Conference of Catholic Bishops filed.Feb 17, 2026Amici brief of Kairos Center for Religions, et al. not accepted for filing. (To be corrected - February 20, 2026)
Feb 17, 2026Brief amici curiae of Kairos Center for Religions, et al. filed. (Corrected) (Distributed)Feb 25, 2026CIRCULATED
Mar 2, 2026Sealed material received electronically from the United States Court of Appeals for the Ninth Circuit and available with the Clerk. The remainder of the record is electronic and is available on PACER.
Mar 9, 2026Reply of petitioners Kristi Noem, Secretary of Homeland Security, et al. filed. (Distributed)Mar 24, 2026Argued. For petitioners: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Kelsi B. Corkran, Washington, D. C.
Jun 25, 2026Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion. Sotomayor, J., filed a dissenting opinion, in which Kagan and Jackson, JJ., joined. Jackson, J., filed a dissenting opinion.
Jul 27, 2026Judgment Issued.Aug 6, 2026Amended Judgment Issued.Recommended Citation: Mullin v. Al Otro Lado, SCOTUSblog, https://www.scotusblog.com/cases/noem-v-al-otro-lado/