· 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 CourtListenerSourced 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.