No. 25-5
Kristi Noem, Secretary of Homeland Security, et al. v. Al Otro Lado, a California Corporation, et al.
Tags: asylum-application border-entry immigration-law immigration-officer statutory-interpretation u.s.-mexico-border
Latest Conference:
2025-11-14
(distributed 3 times)
Question Presented (from Petition)
The Immigration and Nationality Act, 8 U.S.C. 1101 et seq., provides that an alien who "arrives in the United States" may apply for asylum and must be inspected by an immigration officer. 8 U.S.C. 1158(b)(1)(A), 1225(a)(1) and (3). The question presented is 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 those provisions.
Question Presented (AI Summary)
Whether an alien stopped on the Mexican side of the U.S.-Mexico border 'arrives in the United States' for purposes of asylum application under the Immigration and Nationality Act
Docket Entries
2026-03-02
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.
2026-02-25
CIRCULATED
2026-02-23
Amicus brief of Kairos Center for Religions, Rights and Social Justice and Religious Organizations submitted.
2026-02-17
Brief amicus curiae of Constitutional Accountability Center filed.
2026-02-17
Amicus brief of Constitutional Accountability Center submitted.
2026-02-17
Amicus brief of HIAS, Inc. submitted.
2026-02-17
Amicus brief of Kairos Center for Religions, Rights and Social Justice and Religious Organizations submitted.
2026-02-17
Amicus brief of United States Conference of Catholic Bishops submitted.
2026-02-17
Amicus brief of Amnesty International USA, Human Rights First, Human Rights Watch, and Physicians For Human Rights submitted.
2026-02-17
Amicus brief of Bipartisan Former Officials of the Departments of Homeland Security, State, and Justice and the Immigration and Naturalization Service submitted.
2026-02-17
Brief amici curiae of Kairos Center for Religions, et al. filed.
2026-02-17
Brief amici curiae of Global Strategic Litigation Council, et al. filed.
2026-02-17
Brief amicus curiae of HIAS, Inc. filed.
2026-02-17
Brief amici curiae of Members of Congress filed.
2026-02-17
Brief amici curiae of Immigration Law Professors filed.
2026-02-17
Brief amici curiae of Amnesty International USA, et al. filed.
2026-02-17
Brief amici curiae of Bipartisan Former Officials of the Departments of Homeland Security, et al. filed.
2026-02-17
Brief amicus curiae of United States Conference of Catholic Bishops filed.
2026-02-17
Brief amici curiae of Bipartisan Former Officials of the Departments of Homeland Security, State, and Justice, et al. filed.
2026-02-17
Brief amici curiae of Kairos Center for Religions, et al. filed. (Distributed)
2026-02-10
Brief of respondents Al Otro Lado, et al. filed.
2026-02-10
Brief of Al Otro Lado, et al. submitted.
2026-02-04
Record requested from the United States Court of Appeals for the Ninth Circuit.
2026-01-30
SET FOR ARGUMENT on Tuesday, March 24, 2026.
2026-01-13
Brief amicus curiae of Federation for American Immigration Reform filed.
2026-01-13
Brief amici curiae of America's Future, et al. filed.
2026-01-13
Brief amici curiae of U.S. Senator Ted Cruz, et al. filed.
2026-01-13
Amicus brief of Federation for American Immigration Reform submitted.
2026-01-13
Amicus brief of America's Future, Citizens United, and Conservative Legal Defense and Education Fund submitted.
2026-01-13
Amicus brief of U.S. Senator Ted Cruz, Representative Darrell Issa, and Senators Ted Budd, Mike Lee, Kevin Cramer, and Josh Hawley submitted.
2026-01-06
Joint appendix filed.
2026-01-06
Brief of petitioners Kristi Noem, Secretary of Homeland Security, et al. filed.
2026-01-06
Joint Appendix submitted.
2026-01-06
Brief of Kristi Noem, Secretary of Homeland Security, et al. submitted.
2025-12-29
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.
2025-12-19
Motion for an extension of time to file the briefs on the merits filed.
2025-12-19
Motion of Kristi Noem, Secretary of Homeland Security, et al. for an extension of time submitted.
2025-11-17
Petition GRANTED.
2025-11-10
DISTRIBUTED for Conference of 11/14/2025.
2025-10-23
Reply of petitioners Kristi Noem, Secretary of Homeland Security, et al. filed. (Distributed)
2025-10-22
DISTRIBUTED for Conference of 11/7/2025.
2025-10-08
Brief of respondents Al Otro Lado, et al. in opposition filed.
2025-10-08
Brief of Al Otro Lado, et al. in opposition submitted.
2025-08-11
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.
2025-08-08
Motion to extend the time to file a response from September 8, 2025 to October 8, 2025, submitted to The Clerk.
2025-08-08
Motion of Al Otro Lado, et al. for an extension of time submitted.
2025-08-07
Response Requested. (Due September 8, 2025)
2025-08-06
DISTRIBUTED for Conference of 9/29/2025.
2025-07-31
Brief amicus curiae of America's Future filed.
2025-07-31
Brief amici curiae of U.S. Senator Ted Cruz, et al. filed.
2025-07-31
Amicus brief of U.S. Senator Ted Cruz, Representative Darrell Issa, and Senators Ted Budd, Mike Lee, Kevin Cramer, and Josh Hawley submitted.
2025-07-30
Waiver of right of respondent Al Otro Lado, et al. to respond filed.
2025-07-30
Waiver of Al Otro Lado, et al. of right to respond submitted.
2025-07-01
Petition for a writ of certiorari filed. (Response due July 31, 2025)
Attorneys
Al Otro Lado, et al.
Melissa Ellen Crow — Center for Gender & Refugee Studies, Respondent
America's Future
William Jeffrey Olson — William J. Olson, P.C., Amicus
Amnesty International USA, Human Rights First, Human Rights Watch, and Physicians For Human Rights
Bipartisan Former Officials of the Departments of Homeland Security, State, and Justice and the Immigration and Naturalization Service
Raymond Patrick Tolentino — Cooley LLP, Amicus
Constitutional Accountability Center
Federation for American Immigration Reform
Global Strategic Litigation Council, et al.
HIAS, Inc.
Alexandra Mansbach — Deutsch Hunt PLLC, Amicus
Immigration Law Professors
Kairos Center for Religions, Rights and Social Justice and Religious Organizations
Catherine Emily Stetson — Hogan Lovells US LLP, Amicus
Kristi Noem, Secretary of Homeland Security, et al.
D. John Sauer — Solicitor General, Petitioner
Moez Mansoor Kaba — Hueston Hennigan LLP, Petitioner
Members of Congress
Lindsay C. Harrison — Jenner & Block LLP, Amicus
U.S. Senator Ted Cruz, Representative Darrell Issa, and Senators Ted Budd, Mike Lee, Kevin Cramer, and Josh Hawley
R. Trent McCotter — Boyden Gray PLLC, Amicus
James Ryan Conde — Boyden Gray PLLC, Amicus
United States Conference of Catholic Bishops
William Eugene Evans — Goodwin Procter LLP, Amicus