Bingham

Bingham v. Holder

Good Law
637 F.3d 1040·2011 WL 1025582·2011 U.S. App. LEXIS 5919
United States Court of Appeals for the Ninth CircuitMarch 23, 201109-70107California3,138 words

Opinion

Opinion

Gould, J.

Petitioner Peter James Bingham petitions for review of an order of removal issued by the Department of Homeland Security (“DHS”). He contends that the enforcement of a written waiver of rights associated with his entry into the United States through the Visa Waiver Program and the summary issuance of an order of removal without a hearing violate his due process rights. We have jurisdiction under 8 U.S.C. § 1252 (a). We deny the petition for review.

I

Bingham is a citizen of the United Kingdom. He was admitted to the United States on March 11, 2007 under the terms of the Visa Waiver Program. The Visa Waiver Program (‘VWP”), first implemented as a pilot program in 1986, authorizes the Attorney General and Secretary of State to waive the visa requirements for entry to the United States for aliens that are nationals of certain designated countries, and who meet a series of statutory requirements. 8 U.S.C. § 1187 . These VWP entrants may be admitted to the United States as tourists for a period of ninety days. § 1187(a)(1). In exchange for this benefit, aliens seeking admission to the United States without first obtaining a visa must waive their right “to review or appeal…

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