Does the term "an alien who is removable" need to be interpreted as "removable"?

MultiRegion, United States of America

The following excerpt is from Manning v. Barr, 954 F.3d 477 (2nd Cir. 2020):

The majority's interpretation is further belied when placed within the broader statutory scheme. As used throughout the statute, the terms "removable" and "removed" have distinct meanings. The former refers to aliens that can be deported, while the latter refers to only those aliens that are actually deported (or ordered to be deported). See, e.g. , 8 U.S.C. 1227(a), 1229a(e)(2). Accordingly, while every alien that is "removed" must be "removable," the reverse is not necessarily the case. The majority ignores this distinction by reading the phrase "an alien who is removable" to refer to only the subset of removable aliens who are actually ordered removed. This runs afoul of the "presumption that a given term is used to mean the same thing throughout a statute." Brown v. Gardner , 513 U.S. 115, 118, 115 S.Ct. 552, 130 L.Ed.2d 462 (1994).

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