Mullin v. Al Otro Lado · ¶106

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…

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