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Mullin v. Al Otro Lado · ¶1

The Immigration and Nationality Act of 1952 (INA), 66 Stat. 163, governs the process by which an alien who “arrives in the United States” is inspected by border officials, is deemed an applicant for admission, and may apply for asylum. The question in this case is when an alien who seeks to enter the United States from Mexico “arrives in the United States” within the meaning of that phrase in two key INA provisions—8 U. S. C. §§1158(a)(1) and 1225(a)(1): when the alien is standing in Mexico at the border, or only when the alien crosses the border and enters the country? In the spring of 2016, U. S. Customs and Border Protection (CBP) began experiencing a surge of aliens seeking admission at ports of entry along the U. S.-Mexico border, with numbers sometimes far exceeding safe and secure processing capacity. In November 2016, the Department of Homeland Security responded by adopting a…
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