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Mullin v. Al Otro Lado

Docket No.25-5
Op. Below9th Cir.
ArgumentMar 24, 2026

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.

Proceedings & orders timeline

Jul 1, 2025
Petition for a writ of certiorari filed. (Response due July 31, 2025)
Jul 30, 2025
Waiver of right of respondent Al Otro Lado, et al. to respond filed.
Jul 31, 2025
Brief amici curiae of U.S. Senator Ted Cruz, et al. filed.
Jul 31, 2025
Brief amicus curiae of America's Future filed.
Aug 6, 2025
DISTRIBUTED for Conference of 9/29/2025.
Aug 7, 2025
Response Requested. (Due September 8, 2025)
Aug 8, 2025
Motion to extend the time to file a response from September 8, 2025 to October 8, 2025, submitted to The Clerk.
Aug 11, 2025
Motion 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, 2025
Brief of respondents Al Otro Lado, et al. in opposition filed.
Oct 22, 2025
DISTRIBUTED for Conference of 11/7/2025.
Oct 23, 2025
Reply of petitioners Kristi Noem, Secretary of Homeland Security, et al. filed. (Distributed)
Nov 10, 2025
DISTRIBUTED for Conference of 11/14/2025.
Nov 17, 2025
Petition GRANTED.
Dec 19, 2025
Motion for an extension of time to file the briefs on the merits filed.
Dec 29, 2025
Motion 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, 2026
Brief of petitioners Kristi Noem, Secretary of Homeland Security, et al. filed.
Jan 6, 2026
Joint appendix filed.
Jan 13, 2026
Brief amici curiae of U.S. Senator Ted Cruz, et al. filed.
Jan 13, 2026
Brief amici curiae of America's Future, et al. filed.
Jan 13, 2026
Brief amicus curiae of Federation for American Immigration Reform filed.
Jan 30, 2026
SET FOR ARGUMENT on Tuesday, March 24, 2026.
Feb 4, 2026
Record requested from the United States Court of Appeals for the Ninth Circuit.
Feb 10, 2026
Brief of respondents Al Otro Lado, et al. filed.
Feb 17, 2026
Brief amicus curiae of Constitutional Accountability Center filed.
Feb 17, 2026
Brief amici curiae of Global Strategic Litigation Council, et al. filed.
Feb 17, 2026
Brief amicus curiae of HIAS, Inc. filed.
Feb 17, 2026
Brief amici curiae of Members of Congress filed.
Feb 17, 2026
Brief amici curiae of Immigration Law Professors filed.
Feb 17, 2026
Brief amici curiae of Amnesty International USA, et al. filed.
Feb 17, 2026
Brief amici curiae of Bipartisan Former Officials of the Departments of Homeland Security, State, and Justice, et al. filed.
Feb 17, 2026
Brief amicus curiae of United States Conference of Catholic Bishops filed.
Feb 17, 2026
Amici brief of Kairos Center for Religions, et al. not accepted for filing. (To be corrected - February 20, 2026)
Feb 17, 2026
Brief amici curiae of Kairos Center for Religions, et al. filed. (Corrected) (Distributed)
Feb 25, 2026
CIRCULATED
Mar 2, 2026
Sealed 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, 2026
Reply of petitioners Kristi Noem, Secretary of Homeland Security, et al. filed. (Distributed)
Mar 24, 2026
Argued. For petitioners: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Kelsi B. Corkran, Washington, D. C.

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