Mullin v. Al Otro Lado · ¶101
Start with the full language of the statutes at issue. The inspection mandate, § 1225(a)(1), first defines an “applicant for admission” as “[a]n alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival . . . ).” Section 1225(a)(3) then states that “[a]ll aliens . . . who are applicants for admission or otherwise seeking admission or readmission to or transit through the United States shall be inspected by immigration officers.” The asylum statute, § 1158(a)(1), repeating the definition from § 1225(a)(1), requires that “[a]ny alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival . . . ), irrespective of such alien's status, may apply for asylum in accordance with this section or, where applicable, section 1225(b),” the…Read in context ›
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