Mullin v. Al Otro Lado · ¶103

The majority’s conclusion focuses almost exclusively on the word “in” within the phrase “arrives in the United States.” If that were all this case were about, the majority might have the better of the argument. Statutory interpretation, however, requires much more. “‘It is a fundamental canon of statutory construction that the words of a statute must be read in their context and with a view to their place in the overall statutory scheme.’” Sturgeon v. Frost, 577 U. S. 424, 438 (2016). Properly read in context, the phrase “arrives in the United States” encompasses noncitizens who are in the process of arriving, regardless of where their feet are. This construction comports with the plain text of §§1225(a) and 1158(a)(1), the context clues within those provisions, the usage of the terms “arrives” and “arriving” in neighboring statutory provisions, and the consistent interpretation of this…

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