Supreme Court of the United States · Official docket →
Markwayne Mullin, Secretary of Homeland Security, et al. v. Al Otro Lado, a California Corporation, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-55988, 22-56036 · judgment May 14, 2025
Before the decision, about 11.9× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a petition filed soon after the judgment below, and down for a business respondent.
Question presented
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.
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
Kelsi Brown Corkran
Institute for Constitutional Advocacy & Protection
Case
Conference history
Distributed for 3 conferences
Amicus briefs
2 cert-stage · 12 merits
(3 supporting pet./neither, 9 respondent)
Argument & decision
Argued March 24, 2026 — Vivek Suri · Kelsi B. Corkran. Audio and transcript
Decided June 25, 2026. Opinion by Alito.
Proceedings
- Aug 06 2026Amended Judgment Issued.
- Jul 27 2026Judgment Issued.
- 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.
- 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.
- Mar 09 2026Reply of petitioners Kristi Noem, Secretary of Homeland Security, et al. filed. (Distributed)
- Mar 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.
- Feb 25 2026CIRCULATED
- 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 10 2026Brief of respondents Al Otro Lado, et al. filed.
- Feb 04 2026Record requested from the United States Court of Appeals for the Ninth Circuit.
- Jan 30 2026SET FOR ARGUMENT on Tuesday, March 24, 2026.
- 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 06 2026Brief of petitioners Kristi Noem, Secretary of Homeland Security, et al. filed.
- Jan 06 2026Joint appendix 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.
- Dec 19 2025Motion for an extension of time to file the briefs on the merits filed.
- Nov 17 2025Petition GRANTED.
- Nov 10 2025DISTRIBUTED for Conference of 11/14/2025.
- Oct 23 2025Reply of petitioners Kristi Noem, Secretary of Homeland Security, et al. filed. (Distributed)
- Oct 22 2025DISTRIBUTED for Conference of 11/7/2025.
- Oct 08 2025Brief of respondents Al Otro Lado, et al. in opposition filed.
- 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.
- Aug 08 2025Motion to extend the time to file a response from September 8, 2025 to October 8, 2025, submitted to The Clerk.
- Aug 07 2025Response Requested. (Due September 8, 2025)
- Aug 06 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 31 2025Brief amici curiae of U.S. Senator Ted Cruz, et al. filed.
- Jul 31 2025Brief amicus curiae of America's Future filed.
- Jul 30 2025Waiver of right of respondent Al Otro Lado, et al. to respond filed.
- Jul 01 2025Petition for a writ of certiorari filed. (Response due July 31, 2025)