A Guinean citizen’s petition for review of Department of Homeland Security’s (DHS) administrative order of removal is denied where: 1) the government was entitled to select overstay under the terms of the Visa Waiver Program (VWP) as the ground for removing the petitioner; 2) an alien’s waiver through the VWP of the due process rights to which he or she would otherwise be entitled must be done both knowingly and voluntarily, but here, petitioner cannot establish that he was prejudiced even if he had known what the waiver said; and 3) petitioner’s adjustment-of-status application is barred by his valid VWP waiver or by the fact that in the absence of a waiver he never would have entered the United States in the first place.
Read Bayo v. Napolitano, No. 07-1069
Appellate Information
On Petition for Review of a Final Order of the Department of Homeland Security
Decided January 20, 2010
Judges
Before: Easterbrook. Chief Judge, and Bauer, Posner, Coffey, Flaum, Kanne, Rovner, Wood, Evans, Williams, Sykes, and Tinder, Circuit Judges
Opinion by Circuit Judge Wood
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