Vasconcelos v. Lynch

Petitioner, a citizen of Portugal and native of Angola, seeks review of DHS's order of removal that was issued without a hearing on the ground that he waived the right to challenge removal by submitting an Electronic System for Travel Authorization (ESTA) application and subsequently entering the country pursuant to the Visa Waiver Program (VWP). The court held that an ESTA record is sufficient evidence of waiver. In this case, the court concluded that the administrative record supports the agency’s finding that petitioner waived his right to a hearing by submitting an ESTA application and entering the United States pursuant to the VWP. Accordingly, the court denied the petition for review. View "Vasconcelos v. Lynch" on Justia Law