United States Seventh Circuit

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Bayo v. Napolitano, 07-1069

A Guinean citizen's petition for review of a Department of Homeland Security (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.

Appellate Information

  • Argued 05/13/2009
  • Decided 01/20/2010
  • Published 01/20/2010

Judges

  • WOOD, Circuit Judge., Before EASTERBROOK, Chief Judge, and BAUER, POSNER, COFFEY, FLAUM, KANNE, ROVNER, WOOD, EVANS, WILLIAMS, SYKES, and TINDER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Laureen R. Anderson, Stanley J. Horn, Attorney, Horn, Khalaf, Abuzir, Mitchell, & Schmidt, Chicago, IL, for Petitioner-Appellant.

  • For Appellees:
  • Walter M. Evans, Attorney, Department of Justice, Washington, DC, Stephen W. Manning, Attorney, Immigrant Law Group LLP, Portland, OR, Geoffrey Heeren, Attorney, Legal Assistance Foundation of Metropolitan Chicago, Chicago, IL, for Respondent-Appellee.