Mullin v. Al Otro Lado · ¶151

IIRIRA amended the inspection mandate to apply to those who “arriv[e] in the United States,” 8 U. S. C. §1225(a)(1), but Congress did not eliminate the inspection requirement for arriving noncitizens who have not yet stepped across the border. IIRIRA instead enacted two different substantive changes. First, it specified in §§1225(a)(1) and (3) that any noncitizen “present in the United States” qualifies as an “applicant for admission” and that such a noncitizen must also be inspected to have lawful status. Second, it created the expedited-removal process in §1225(b) to funnel a subset of arriving noncitizens into an accelerated process.

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