Mullin v. Al Otro Lado · ¶39

Fourth, that Congress amended §1158(a) in IIRIRA to replace “at a land border or port of entry” with “arrives in the United States” suggests that we should not read those phrases—which carry different ordinary meanings—to have the same meaning. “When Congress amends legislation,” we presume that it “intends the change to have real and substantial effect.” Van Buren v. United States, 593 U. S. 374, 393 (2021) (internal quotation marks omitted). Whatever the proper interpretation of the pre-IIRIRA provisions, §1158(a) now “require[s] that one must be present in the United States to be eligible for asylum.” Sadhvani v. Holder, 596 F. 3d 180, 183 (CA4 2009).

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