Gjerjaj v. Holder, No. 11-445 (2d Cir. 2012)Annotate this Case
Petitioner, a native and citizen of Albania, sought review of an order of removal by ICE. Petitioner entered the United States through the Visa Waiver Program (VWP), using a fraudulent Italian passport. The court held that petitioner knowingly and voluntarily waived her right to contest her removal on any basis other than asylum, and having participated in her asylum-only proceeding, petitioner could not contest removal on the ground that she filed an adjustment of status application after she overstayed the time she was authorized to be in this country. The court concluded that a VWP participant could not contest his or her removal on the basis of an adjustment of status application filed after the 90-day period during which a VWP participant could stay in the country.