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· 3/23/2011

Bingham v. Holder

Citations

  • 637 F.3d 1040
  • 2011 U.S. App. LEXIS 5919
  • 2011 WL 1025582

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding jurisdiction to review a VWP entrant’s final order of removal under section 242(a)(1) of the Act, 8 U.S.C. § 1252(a)(1) (2006)
  • rejecting VWP entrant’s argument that the no-contest clause was ambiguous as to whether it prevents applying “for forms of affirmative relief from removal”
  • noting VWP entrants waive their right “to contest, other than on the basis of an application for asylum, any action for removal of the alien”
  • relying on Bradley and Bayo in holding that VWP entrant could not demonstrate prejudice on basis of an allegedly unknowing or involuntary waiver
  • “If he had refused to sign the waiver [in the form I-94W] authorities would not have permitted entry.”
  • plaintiff was required to sign a form giving up any right to challenge 26 removal proceedings did not implicate unconstitutional conditions doctrine

Source: CourtListener parenthetical corpus (CC0).

Judges: Gould, Callahan, Korman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.