Mullin v. Al Otro Lado · ¶98

In light of these circumstances, respondents brought this lawsuit under §706(1) of the Administrative Procedure Act, which provides that a court shall “compel agency action unlawfully withheld or unreasonably delayed.” 5 U. S. C. §706(1). Respondents contended that CBP has a mandatory duty under 8 U. S. C. §§1225(a) and 1158(a)(1) to inspect, and to process asylum applications from, noncitizens who arrive at a port of entry and that CBP’s metering policy unlawfully withheld that mandatory duty. The Government raised two counterarguments: first, that these statutes do not impose any duty to inspect or process asylum seekers if they have not stepped foot across the border; and second, that even if this duty exists, the metering policy did not constitute “unlawful withh[olding]” of that duty.

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