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Noem v. Al Otro Lado

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Supreme Court of the United States
Noem v. Al Otro Lado
Docket number: 25-5
Term: 2025
Court: United States Supreme Court
Important dates
Pending
Court membership
Chief Justice John RobertsClarence ThomasSamuel AlitoSonia SotomayorElena KaganNeil GorsuchBrett KavanaughAmy Coney BarrettKetanji Brown Jackson

Noem v. Al Otro Lado is a case scheduled for argument before the Supreme Court of the United States during the court's October 2025-2026 term.

HIGHLIGHTS
  • The questions presented: "The Immigration and Nationality Act, 8 U.S.C. 1101 et seq. , provides that an alien who ‘arrives in the United States’ may apply for asylum and must be inspected by an immigration officer. 8 U.S.C. 1158(b)(1)(A), 1225(a)(1) and (3). The question presented is whether an alien who is stopped on the Mexican side of the U.S.-Mexico border ‘arrives in the United States’ within the meaning of those provisions."[1]
  • The outcome: The appeal is pending adjudication before the U.S. Supreme Court.

  • The case came on a writ of certiorari to the United States Court of Appeals for the Ninth Circuit. To review the lower court's opinion, click here.

    Timeline

    The following timeline details key events in this case:

    • November 17, 2025: The U.S. Supreme Court agreed to hear the case.
    • July 1, 2025: Kristi Noem, Secretary of Homeland Security appealed to the U.S. Supreme Court.
    • October 23, 2024: The United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit affirmed in part and vacated in part the decision of the United States District Court for the Southern District of California.

    Questions presented

    The petitioner presented the following questions to the court:[1]

    Questions presented:
    The Immigration and Nationality Act, 8 U.S.C. 1101 et seq. , provides that an alien who ‘arrives in the United States’ may apply for asylum and must be inspected by an immigration officer. 8 U.S.C. 1158(b)(1)(A), 1225(a)(1) and (3). The question presented is whether an alien who is stopped on the Mexican side of the U.S.-Mexico border ‘arrives in the United States’ within the meaning of those provisions.[2]

    Oral argument

    Audio

    Audio of the case will be posted here when it is made available.

    Transcript

    A transcript of the case will be posted here when it is made available.

    Outcome

    The case is pending adjudication before the U.S. Supreme Court.

    October term 2025-2026

    See also: Supreme Court cases, October term 2025-2026

    The Supreme Court began hearing cases for the term on October 6, 2025. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions by mid-June.[3]


    See also

    External links

    Footnotes

    1. 1.0 1.1 Supreme Court of the United States, "25-5 NOEM V. AL OTRO LADO QP", November 17, 2025
    2. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    3. SupremeCourt.gov, "The Supreme Court at Work: The Term and Caseload," accessed January 24, 2022