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FERRY v. GONZALES

Nos. 03-9526, 04-9555, 05-1014.

457 F.3d 1117 (2006)

Ciaran FERRY, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent. Ciaran Ferry, Petitioner-Appellant, v. Scott Webber, Director of Bureau of Inspections and Customs Enforcement, Alberto R. Gonzales, Attorney General of the United States, Tom Ridge, Secretary of the Department of Homeland Security, Eduardo Aguirre, Jr., Acting Director of Bureau of Citizenship and Immigration Services, Michael J. Garcia, Assistant Secretary of Bureau of Immigration and Customs Enforcement, Mike Comfort, District Director of the Immigration and Naturalization Service, James P. Vandello, Immigration Judge, Executive Office for Immigration Review, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

August 8, 2006.

Attorney(s) appearing for the Case

Eamonn Dornan of Smith, Dornan & Dehn, PC, New York, N.Y. (Jeff Joseph of Joseph Law Firm, PC, Denver, CO; Thomas J. Burke, Jr. of Jones & Keller, Denver, CO, with him on the briefs) for Petitioner-Appellant.

Carl H. McIntyre, Jr., Senior Litigation Counsel, (Peter D. Keisler, Assistant Attorney General; Richard M. Evans, Assistant Director, Office of Immigration Litigation, with him on the briefs), United States Department of Justice, Washington, DC, for Respondents-Appellees.

Before TACHA, Chief Judge, SEYMOUR, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Ciaran Ferry, a native of Northern Ireland, entered the United States in December 2000 under the Visa Waiver Program ("VWP"), 8 U.S.C. § 1187, a program which provides an expedited admission process for aliens from certain countries and authorizes approved aliens to stay in the United States for up to ninety days. The VWP also provides an expedited removal process. Before an alien may enter the United States pursuant to the VWP, the alien...

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