Mullin v. Al Otro Lado · ¶174
Agreeing with respondents’ interpretation of §§1158(a)(1) and 1225(a)(1), the District Court entered summary judgment in their favor on September 2, 2021. App. to Pet. for Cert. 406a–407a, 422a. But on November 1, 2021—before the District Court had ordered any relief—DHS rescinded its metering guidance. App. 135–139. Despite this significant turn of events, the District Court entered the requested declaration on August 23, 2022. App. to Pet. for Cert. 253a. The District Court agreed with both parties that declaratory relief would still “serve a useful purpose in clarifying” the Government’s obligations under §§1158(a)(1) and 1225(a)(1). Al Otro Lado, Inc. v. Mayor kas, 619 F. Supp. 3d 1029, 1049 (SD Cal. 2022). The District Court did not address whether it remained appropriate to provide the Government with such clarification—i.e., it did not address whether a live case or controversy…Read in context ›
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