Mullin v. Al Otro Lado · ¶139

These provisions vest discretion in the Executive Branch at certain points in the process. For instance, although the Government is required to accept asylum applications from arriving noncitizens, the ultimate decision whether to grant asylum resides with the Government. See §1158(b)(1)(A) (explaining when the Government “may grant asylum”). Similarly, although the Government must inspect arriving noncitizens, “the Attorney General may return” a noncitizen “who is arriving on land (whether or not at a designated port of arrival) from a foreign territory contiguous to the United States” while their removal proceedings are “pending.” §1225(b)(2)(C). Taken together, these provisions spell out a detailed set of mandatory procedures that selectively vests some discretion in the Government but only when they specifically say so.

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