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Noem v. Al Otro Lado

Docket No. Op. BelowArgument Opinion Vote Author Term
25-5 9th Cir. Mar 24, 2026 TBD TBD TBD OT 2025

Issue: Whether an alien who is stopped on the Mexican side of the U.S.–Mexico border “arrives in the United States” within the meaning of the Immigration and Nationality Act, 8 U.S.C. 1101 et seq., which provides that an alien who “arrives in the United States” may apply for asylum and must be inspected by an immigration officer.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
07/01/2025Petition for a writ of certiorari filed. (Response due July 31, 2025)
07/30/2025Waiver of right of respondent Al Otro Lado, et al. to respond filed.
07/31/2025Brief amici curiae of U.S. Senator Ted Cruz, et al. filed.
07/31/2025Brief amicus curiae of America's Future filed.
08/06/2025DISTRIBUTED for Conference of 9/29/2025.
08/07/2025Response Requested. (Due September 8, 2025)
08/08/2025Motion to extend the time to file a response from September 8, 2025 to October 8, 2025, submitted to The Clerk.
08/11/2025Motion to extend the time to file a response is granted and the time is extended to and including October 8, 2025, for all respondents.
10/08/2025Brief of respondents Al Otro Lado, et al. in opposition filed.
10/22/2025DISTRIBUTED for Conference of 11/7/2025.
10/23/2025Reply of petitioners Kristi Noem, Secretary of Homeland Security, et al. filed. (Distributed)
11/10/2025DISTRIBUTED for Conference of 11/14/2025.
11/17/2025Petition GRANTED.
12/19/2025Motion for an extension of time to file the briefs on the merits filed.
12/29/2025Motion 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.
01/06/2026Brief of petitioners Kristi Noem, Secretary of Homeland Security, et al. filed.
01/06/2026Joint appendix filed.
01/13/2026Brief amici curiae of U.S. Senator Ted Cruz, et al. filed.
01/13/2026Brief amici curiae of America's Future, et al. filed.
01/13/2026Brief amicus curiae of Federation for American Immigration Reform filed.
01/30/2026SET FOR ARGUMENT on Tuesday, March 24, 2026.
02/04/2026Record requested from the United States Court of Appeals for the Ninth Circuit.
02/10/2026Brief of respondents Al Otro Lado, et al. filed.
02/17/2026Brief amicus curiae of Constitutional Accountability Center filed.
02/17/2026Brief amici curiae of Global Strategic Litigation Council, et al. filed.
02/17/2026Brief amicus curiae of HIAS, Inc. filed.
02/17/2026Brief amici curiae of Members of Congress filed.
02/17/2026Brief amici curiae of Immigration Law Professors filed.
02/17/2026Brief amici curiae of Amnesty International USA, et al. filed.
02/17/2026Brief amici curiae of Bipartisan Former Officials of the Departments of Homeland Security, State, and Justice, et al. filed.
02/17/2026Brief amicus curiae of United States Conference of Catholic Bishops filed.
02/17/2026Amici brief of Kairos Center for Religions, et al. not accepted for filing. (To be corrected - February 20, 2026)
02/17/2026Brief amici curiae of Kairos Center for Religions, et al. filed. (Corrected) (Distributed)
02/25/2026CIRCULATED
03/02/2026Sealed 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.
03/09/2026Reply of petitioners Kristi Noem, Secretary of Homeland Security, et al. filed. (Distributed)