Al Otro Lado v. Noem, 138 F.4th 1102 (9th Cir. 2025)
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What was at stake
The application of the Asylum Transit Rule requiring persons to apply for asylum in transit countries was at stake.
What the court decided
The Ninth Circuit panel held that a noncitizen stopped at the U.S.-Mexico border under the government's "metering" policy is eligible to apply for asylum under 8 U.S.C. § 1158(a)(1), because the phrase "arrives in the United States" encompasses those who encounter officials at the border "whichever side of the border they are standing on," making them "applicants for admission" under § 1225 whom officials have a mandatory duty to inspect. The panel affirmed the district court's conclusion that the metering policy unlawfully "withheld" agency action in violation of APA § 706(1), and affirmed classwide declaratory relief, the negative injunction barring application of the Asylum Transit Rule to class members, and the notice components of affirmative relief. It vacated only narrow portions: the unnecessary due-process judgment, and the part of affirmative relief requiring the government to reopen prior decisions on its own initiative (barred by 8 U.S.C. § 1252(f)(1)).
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