Mullin v. Al Otro Lado · ¶138
This result is incompatible with the mandatory processes created by these statutes, which only selectively vest discretion in the Executive Branch. See Galvan v. Press, 347 U. S. 522, 531 (1954) (explaining that “the formulation” of “[p]olicies pertaining to the entry of aliens and their right to remain here” is “entrusted exclusively to Congress”). In describing the Executive Branch’s duties at the border, the inspection and expedited-removal provisions repeatedly use the word “‘shall,’” thus creating “‘discretionless obligations.’” National Assn. of Home Builders v. Defenders of Wildlife, 551 U. S. 644, 661 (2007). All noncitizens “who are applicants for admission or otherwise seeking admission or readmission to or transit through the United States shall be inspected by immigration officers.” §1225(a)(3) (emphasis added). If a noncitizen who is being inspected through the…Read in context ›
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