United States Third Circuit

On petition for review of a removal order of the Department of Homeland Security issued to a Argentinian national who entered the United States pursuant to the Visa Waiver Program (VWP) when she was a minor, the petition is denied because there was no due process violation in failing to provide the ordinary removal process, where: 1) the court could presume that the petitioner, as a VWP entrant, executed the statutorily required waiver of her right to challenge removal; 2) the presumption was not rebutted; and 3) even if the petitioner did not sign a waiver, or if she signed a waiver that was invalid because she was a minor when she signed it, she suffered no prejudice.

Appellate Information

• Decided 03/01/2012
• Published 03/01/2012

Judges

• Greenberg

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Robert J. Adinolfi, Sharon M. Clay