United States Second Circuit

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Vasconcelos v. Lynch, 15-1308

In a petition for review, brought by citizen of Portugal and native of Angola, of Department of Homeland Security (DHS) order or removal, the petition is denied where: 1) an Electronic System for Travel Authorization (ESTA) record is sufficient evidence of waiver of the right to challenge removal; and 2) the administrative record supports the agency's finding that petitioner waived his right to a hearing by submitting an ESTA application and entering the U.S. pursuant to the Visa Waiver Program (VWP).

Appellate Information

  • Decided
  • Published 2016/11/02




  • United States Second Circuit