United States Tenth Circuit

Petitions for review challenging an IJ's denial of asylum and relief under the Convention Against Torture (CAT), an administrative order of removal, and a refusal to consider petitioner's application for adjustment of status are denied in a case involving the removal of petitioner, who overstayed the ninety days authorized under the Visa Waiver Program (VWP), after 23 months in DHS custody, despite his marriage to a U.S. citizen. Also, dismissal challenges to his detention are affirmed as moot.

Appellate Information

• Decided 08/08/2006
• Published 08/09/2006

Judges

• BRISCOE, Circuit Judge., Before TACHA, Chief Judge, SEYMOUR, and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Eamonn Dornan of Smith, Dornan & Dehn, PC, New York, N.Y. (Jeff Joseph of Joseph Law Firm, PC, Denver, CO;  Thomas J. Burke, Jr. of Jones & Keller, Denver, CO, with him on the briefs) for Petitioner-Appellant.


• For Appellees:
  
• Carl H. McIntyre, Jr., Senior Litigation Counsel, (Peter D. Keisler, Assistant Attorney General;  Richard M. Evans, Assistant Director, Office of Immigration Litigation, with him on the briefs), United States Department of Justice, Washington, DC, for Respondents-Appellees.