Mullin v. Al Otro Lado · ¶36
Several features of statutory context suggest that the meaning of the phrase “arrives in the United States” in §§1158(a)(1) and 1225(a)(1) conforms to ordinary usage. The first is the absence from those provisions of reference to attempted entry. Other provisions of the INA refer to both actual entrance into the United States and attempted entrance. For example, an alien who “enters or attempts to enter” the country at an improper time or place commits a misdemeanor, §1325(a)(1), and an alien who “enters” or “attempts to enter” the country after being removed commits a felony, §1326(a)(2)(B). Immigration officers may arrest aliens “entering or attempting to enter the United States” unlawfully. §1357(a)(2). We “are required to give effect to Congress’ express inclusions and exclusions.” National Assn. of Mfrs. v. Department of Defense, 583 U. S. 109, 126 (2018). So the use of attempt…Read in context ›
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