The Supreme Court has held that a noncitizen standing in Mexico who is prevented from crossing the border has not “arrived in the United States” for purposes of the INA’s inspection and asylum provisions. The case challenged the government’s metering policy, under which CBP limited the number of asylum seekers processed each day at U.S.-Mexico land ports of entry.
The Court concluded that “arrives in the United States” requires physical entry into the country. Because the plaintiffs had not crossed into the United States, the INA did not require inspection or allow them to apply for asylum based solely on their presence at the border in Mexico. The Court reversed the Ninth Circuit and remanded.
The full text of Mullin v. Al Otro Lado can be found here: https://www.supremecourt.gov/opinions/25pdf/25-5_86qd.pdf