Mullin v. Al Otro Lado · ¶2
Held: An alien standing in Mexico does not “arriv[e] in the United States” by attempting, and failing, to set foot in this country. An alien “arrives in the United States” only when he crosses the border. The INA thus neither entitles an alien standing in Mexico to apply for asylum nor requires an immigration officer to inspect him. Pp. 7–18. (a) This case is not moot. The District Court’s declaratory judgment, which the Ninth Circuit affirmed, continues to bar the Government from using metering to deal with border surges within the jurisdiction of the Ninth Circuit. The Government represents that it would like to resume the use of metering when border conditions warrant it. The controversy remains live because a ruling for the Government could reverse the declaratory judgment and thus give the Government the effectual relief it seeks. Chafin v. Chafin, 568 U. S. 165. P. 8, n. 7. (b)…Read in context ›
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