Riera-Riera v. Lynch, No. 13-73062 (9th Cir. 2016)Annotate this Case
Petitioner, a native and citizen of Peru, seeks review of the BIA's refusal to consider his application for adjustment of status in proceedings limited to consideration of relief related to asylum. Petitioner fraudulently entered the United States under an Italian passport in order to gain the benefits of the Visa Waiver Program (VWP). The court joined its sister circuits and held that an ineligible alien who fraudulently enters under the VWP is bound by the VWP’s limitations, including its waiver of any challenge to deportation other than asylum. The court also concluded that the lack of a nexus to a protected ground is dispositive of petitioner's asylum and withholding of removal claims. Finally, with respect to the CAT claim, the court found nothing in the record compelling a contrary conclusion to that of the IJ. Accordingly, the court denied the petition.