Whether an alien stopped on the Mexican side of the U.S.-Mexico border 'arrives in the United States' for purposes of asylum application under the Immigration and Nationality Act

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 . (II)