Legal Opinion

McCarthy v. Mukasey

Court of Appeals for the Fifth Circuit

Decided January 15, 2009No. 07-60426PublishedCited by 15 opinions

1Per curiam

The petitioner seeks review of a removal order, contending that the Visa Waiver Program’s waiver of the right to contest an action of removal 1 does not apply to an applicant for adjustment of status under 8 C.F.R. § 245.2. We deny the petition for review.

I

On February 7, 2006, Joan McCarthy, a citizen of the United Kingdom, entered the United States as a non-immigrant under the Visa Waiver Program (VWP). 2 The VWP permits eligible nationals from certain designated countries to apply for ad mission to the United States for ninety-days or less as non-immigrant visitors without first obtaining a…

2Cases cited9 opinions

  1. Ferry v. AshcroftCourt of Appeals for the Tenth Circuit · 2006
  2. Carla Freeman v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
  3. Zine v. MukaseyCourt of Appeals for the Eighth Circuit · 2008
  4. Ako Nose v. Attorney General of the United StatesCourt of Appeals for the Fifth Circuit · 1993
  5. Yvonne C. Wigglesworth v. Immigration and Naturalization ServiceCourt of Appeals for the Seventh Circuit · 2003

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3Cited by15 opinions

  1. Bayo v. NapolitanoCourt of Appeals for the Seventh Circuit · 2010
  2. Bradley v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2010
  3. Bingham v. HolderCourt of Appeals for the Ninth Circuit · 2011
  4. Gjerjaj v. HolderCourt of Appeals for the Second Circuit · 2012
  5. D-M-C-PBoard of Immigration Appeals · 2015

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