Mullin v. Al Otro Lado · ¶110

Turn next to the statutory provisions that surround §1225(a)(1). Section 1225(a)(3), for example, requires inspection not only of “applicants for admission” (the term defined in §1225(a)(1)), but also of all noncitizens “otherwise seeking admission or readmission to or transit through the United States.” That “otherwise” clause plainly includes those who are walking up to the border “seeking” to enter the country even if they have not yet crossed the threshold. Another neighboring provision, §1225(a)(2), requires inspection of “[a]n arriving alien who is a stowaway” and allows stowaways to “apply for asylum under section 1158,” even though stowaways are not eligible to apply for admission and generally are not permitted to “land in the United States,” §1231(d)(2)(B). These provisions clearly suggest that §1225(a)’s and §1158(a)(1)’s use of the term “arrives in the United States” is…

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