Mullin v. Al Otro Lado · ¶173

The majority barely mentions the most important factual development that occurred below: While respondents’ suit was pending in the District Court, the Department of Homeland Security (DHS) rescinded its metering policy. See App. 135–139. The metering policy—which DHS first began implementing in 2016 and eventually formalized through written guidance in 2018—was the basis for respondents’ claim for declaratory relief in the District Court. See id., at 120–123. Respondents asserted that, by implementing the metering policy, DHS had unlawfully withheld access to the asylum and inspection process that §§1158(a)(1) and 1225(a)(1) provide to all noncitizens who “arriv[e] in the United States.” It was to prevent future violations of these statutory provisions that respondents requested a judgment declaring the metering policy unlawful.

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