Partovi

MEMORANDUM **

Ali Partovi, a native and citizen of Iran, filed a habeas petition in district court challenging the decision of an Immigration Judge (IJ) denying his application for asylum, withholding of deportation, and relief under the Convention Against Torture (CAT). The district court denied the petition insofar as it sought relief from detention and transferred the remainder of the petition to this court under the REAL ID Act, which provides that we “treat the transferred case as if it had been filed pursuant to a petition for review.” Pub.L. No. 109-13, § 106 (c), 109 Stat. 231 (2005).

Partovi applied for admission to the United States in 2001 under the Visa Waiver Permanent Program, 8 U.S.C § 1187. Visitors admitted under the program may enter the country without a visa and stay ninety days, in exchange for waiv *398 ing their right to contest any removal action against them unless they challenge the removal based upon an application for asylum. See 8 U.S.C. § 1187 (b)(2); 8 C.F.R. 1208.2(c)(l)(iii). Partovi was using a fraudulent passport and was immediately placed in immigration proceedings. He pled guilty to the offense of false use of passport under 18 U.S.C. § 1543…