BRADLEY v. ATTORNEY GENERAL OF U.S.
603 F.3d 235 (2010)
Heathcliffe John BRADLEY, Petitioner
ATTORNEY GENERAL OF THE UNITED STATES, Respondent.
United States Court of Appeals, Third Circuit.
Argued March 11, 2010.
Filed April 22, 2010.
Haroutyun Asatrian, Esq. (Argued), Strasser Asatrian, LLC, Newark, NJ, for Petitioner.
Michael F. Hertz, Acting Assistant Attorney General, Civil Division, Carl H. McIntyre, Jr., Assistant Director, Office of Immigration Litigation, Gary J. Newkirk, Esq. (Argued), Stephen F. Day, Esq., Justin R. Markel, Esq., United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, for Respondent.
Before: AMBRO, SMITH and ALDISERT, Circuit Judges.
OPINION OF THE COURT
ALDISERT, Circuit Judge.
Petitioner Heathcliffe John Bradley, a citizen and national of New Zealand, seeks review of a final removal order of the Department of Homeland Security, Immigration and Customs Enforcement ("the Department"). Bradley contends that the Department's removal order is void under Woodby v. INS,385 U.S. 276, 286, 87 S.Ct. 483, 17 L.Ed.2d 362 (1966), because the record lacks "clear, unequivocal, and convincing evidence" that he waived his right to contest his removal under the Visa Waiver Program ("VWP"), 8 U.S.C. § 1187. Bradley additionally contends that he did not validly waive his right to contest his removal under the VWP because his waiver was not "knowing and voluntary." Finally, Bradley contends that, notwithstanding any VWP waiver, he may renew his application for a marriage-based I.
adjustment of status before an immigration judge. See 8 U.S.C. § 1255(c)(4). For the reasons that follow, we will deny his petition.1
Bradley arrived in the United States on August 28, 1996 without a valid non-immigrant visa, but was admitted under the VWP. Bradley represents that he was intoxicated when he arrived, and he claims to have little recollection of his admission. Nevertheless, Bradley's declaration establishes that, after his arrival, he signed a form, presented that form to a customs officer, and was admitted into the United States. According to Bradley,
[u]pon my arrival at John F. Kennedy International Airport in New York, I was given a form to complete, which I vaguely recall completing or even signing for that matter. ... I handed the form to the Custom's agent, who waived me through after taking a part of my form, without any questions.
(Bradley Decl. ¶¶ 18, 20 (errors in original).) According to his Form I-94W Departure Record, Bradley was authorized to remain in the United States for the 90-day period ending November 27, 1996. (App.2 8.) It is undisputed that Bradley remained in the United States beyond his authorized stay, and that he remains here still.