Commercial Litigation and Arbitration

Statutory Interpretation on Issues of First Impression — Three-Part Test

From Hamdi v. Napolitano, 620 F.3d 615 (6th Cir. 2010):

The proper interpretation of the "on behalf of" language in § 1252(g) is a matter of first impression in this circuit (and apparently in all circuits). We review de novo such questions of statutory interpretation, United States v. Parrett, 530 F.3d 422, 429 (6th Cir. 2008), employing a three-step legislative-interpretation framework established by the Supreme Court: "'first, a natural reading of the full text; second, the common-law meaning of the statutory terms; and finally, consideration of the statutory and legislative history for guidance,'" Lockhart v. Napolitano, 573 F.3d 251, 255 (6th Cir. 2009) (quoting United States ex rel. A+ Homecare, Inc. v. Medshares Mgmt. Group, Inc., 400 F.3d 428, 442 (6th Cir. 2005) (citing United States v. Wells, 519 U.S. 482, 490-92, 117 S. Ct. 921, 137 L. Ed. 2d 107 (1997))). The "natural reading of the full text" requires that we examine the statute for its plain meaning, including "'the language and design of the statute as a whole.'" Id. (quoting Parrett, 530 F.3d at 429). "If the statutory language is not clear, we may examine the relevant legislative history." Parrett, 530 F.3d at 429.

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