Mullin v. Al Otro Lado · ¶122

Respondents’ interpretation adheres well to this basic rule. The first category (those “present”) captures those who are already inside the United States and the second (those who “arriv[e]”) captures those who are in the process of arriving into the United States. On this reading, while some individuals fit both categories, such as a person who lands at an airport and is thus both physically “present in” and “arriv[ing] in the United States,” each category also covers some individuals not included in the other.

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