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MOMENT v. CHERTOFF

No. 07-55018.

521 F.3d 1094 (2008)

Kambiz MOMENI, Petitioner-Appellant, v. Michael CHERTOFF, Secretary, United States Department of Homeland Security; Julie L. Myers, Assistant Secretary for U.S. Immigration and Customs Enforcement, United States Department of Homeland Security; John P. Torres, Acting Director, Office of Detention and Removal, U.S. Immigration and Customs Enforcement; James T. Hayes, District Director, Los Angeles District Office, Detention and Removal Operations, U.S. Immigration and Customs Enforcement; Kenneth Cox, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 31, 2008.

Attorney(s) appearing for the Case

Lori B. Schoenberg, Reeves and Associates, A PLC, Pasadena, CA, for the appellant.

Thomas K. Buck, Assistant U.S. Attorney, Los Angeles, CA, for the appellees.

Before: ALEX KOZINSKI, Chief Judge, ANDREW J. KLEINFELD, and RICHARD C. TALLMAN, Circuit Judges.

KLEINFELD, Circuit Judge:

We consider whether a traveler to the United States under the Visa Waiver Program may contest deportation pending an application for adjustment of status. Momeni argues that under Freeman v. Gonzales1 the "no contest" provision2 of the 90-day tourist program does not apply to him, because he has since filed (and has pending) an application for adjustment of status, based on...

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