Handa

Handa v. Wilson

Good Law
401 F.3d 1129
United States Court of Appeals for the Ninth CircuitMarch 24, 200504-35293California2,370 words

Opinion

Opinion

Fernandez, J.

Anuj Blake Handa appeals the district court’s denial of his petition for habeas corpus relief filed against the Director of the Seattle Field Office of the Bureau of Immigration and Customs Enforcement (BICE). He asserts that he was wrongfully removed to the United Kingdom after he overstayed the ninety-day limit on his visa, which was issued pursuant to the Visa Waiver Program, 8 U.S.C. § 1187 (VWP). We affirm.

BACKGROUND

Handa is a citizen of the United Kingdom', who entered the United States- under the VWP on March 2, 2003.. Under the terms of that program, he was required to sign a waiver which was designed to facilitate use of the program and preclude the need for formal removal proceedings. See 8 U.S.C. § 1187 (b). The waiver reads as follows, in pertinent part:

His purpose in coming was to take medical board examinations, which were held on June 11, 2003, beyond the ninety-day period — that period expired on June 2, 2003. He asserts, however, that he had planned to leave the United States before the ninety-day period expired and then to reenter. He, for- various reasons, did not do so. He stayed on and even scheduled his return trip to the United Kingdom for July 22,…

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