Further, Blakes’s interpretation runs afoul of the rule of statutory construction that requires terms to be construed to comport with the statute as a whole. See, e.g., Matter of Rojas, 23 I. & N. Dec. at 129. The purpose of section 236(c) is to prohibit the release of aliens who are removable based on their criminal conduct.

Under the BIA’s interpretation, the clause “when the alien is released” is not surplusage; it specifies time at which Government’s duty to take custody of an alien first arises. See Matter of Rojas, 23 I. & N. Dec. at 121-24. The clause clarifies that criminal aliens must serve their entire criminal sentences before the Government can place them in mandatory immigration detention pending removal and is consistent with similar language found in other provisions.

The Board in Rojas concluded “when . . . released” is not part of the description of individuals subject to mandatory detention. 23 I&N Dec. at 121-22. However, § 1226(c)(1) is one sentence, which as a whole describes those immigrants who may not be released pending removal proceedings-the “when . . . released” clause refers back to the enumerated “offense” triggering mandatory detention, and the sentence must therefore be read as a whole.