Legal Opinion
MOMENT v. Chertoff
Court of Appeals for the Ninth Circuit
Decided March 31, 2008No. 07-55018PublishedCited by 18 opinions
1Opinion of the Court
KLEINFELD, Circuit Judge:
We consider whether a traveler to the United States under the Visa Waiver Program may contest deportation pending an application for adjustment of status. Momeni argues that under Freeman v. Gonzales 1 the “no contest” provision 2 of the 90-day tourist program does not apply to him, because he has since filed (and has pending) an application for adjustment of status, based on his marriage to a United States citizen.
Facts
Momeni is a German citizen. He came to the United States as a tourist on November 30, 2005. Under a pilot program that Congress created, citizens of…
2Cases cited5 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- California ex rel. Sacramento Metropolitan Air Quality Management District v. United StatesCourt of Appeals for the Ninth Circuit · 2000
- Carla Freeman v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
- Iasu v. SmithCourt of Appeals for the Ninth Circuit · 2007
- Handa v. ClarkCourt of Appeals for the Ninth Circuit · 2005
3Cited by18 opinions
- Bayo v. NapolitanoCourt of Appeals for the Seventh Circuit · 2010
- Bradley v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2010
- United States v. GallenardoCourt of Appeals for the Ninth Circuit · 2009
- McCarthy v. MukaseyCourt of Appeals for the Fifth Circuit · 2009
- Gjerjaj v. HolderCourt of Appeals for the Second Circuit · 2012
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