Mullin v. Al Otro Lado · ¶43

Respondents rest their principal textual argument on the same ground as the Ninth Circuit panel majority: the canon against surplusage. Recall that §1158(a)(1) allows an alien to apply for asylum not only when he “arrives in the United States” but also if he “is physically present in the United States.” Respondents correctly observe that an alien who “arrives in the United States” is, on the Government’s view, “physically present” in the United States. So, they maintain, the phrase “arrives in the United States” is wholly redundant if read to require physical presence in this country. To avoid that result, they argue, the phrase “arrives in” “must apply to at least some noncitizens who are not geographically ‘present in’ the country.” Brief for Respondents 24. Their alternative interpretation of “arrives in the United States” applies that way, and they urge us to adopt it.

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.