Noem v. Al Otro Lado
In partnership with the immigration advocacy groups that initially brought the suit, ICAP represents the nonprofit Al Otro Lado, Inc. and a class of immigrants who have fled harm in their countries to seek protection in the United States. In 2016, U.S. Customs and Border Protection officials engaged in an unlawful practice of denying asylum seekers access to the asylum process at ports of entry on the U.S.-Mexico border. The United States successfully sought Supreme Court review of a Ninth Circuit decision holding that the government violated the law by having border patrol physically block asylum seekers from entering the country, preventing them from having their asylum petitions processed. ICAP and co-counsel are now defending the Ninth Circuit's decision before the Supreme Court, with oral argument scheduled for March 24, 2026.
Filings
- 3/24/26 – Presented oral argument in Mullin v. Al Otro Lado on behalf of the respondents urging the Court to affirm the Ninth Circuit’s holding striking down the government’s policy of turning back asylum seekers arriving at ports of entry
- 2/11/26 – Filed merits brief in Mullin v. Al Otro Lado on behalf of the respondents urging the Court to affirm the Ninth Circuit’s holding striking down the government’s policy of turning back asylum seekers arriving at ports of entry
- 10/8/25 – Filed brief in opposition in Mullin v. Al Otro Lado on behalf of the respondents, who brought suit challenging a turnback policy under which border officers refused to inspect or process asylum seekers arriving at ports of entry along the southern border and instead turned them back to Mexico