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McCARTHY v. MUKASEY

No. 07-60426.

555 F.3d 459 (2009)

Joan McCARTHY, also known as Joan Boettge, Petitioner, v. Michael B. MUKASEY, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

January 15, 2009.

Attorney(s) appearing for the Case

Raed Gonzalez, Quan, Burdette & Perez, Houston, TX, for McCarthy.

Rebecca Anne Niburg, Ann Carroll Varnon, Civ. Div., Thomas Ward Hussey, Dir., Norah Ascoli Schwarz, U.S. Dept. of Justice, OIL, Washington DC, Mario R. Ortiz, U.S. INS, San Antonio, TX, for Mukasey.

Before JONES, Chief Judge, and OWEN and SOUTHWICK, Circuit Judges.

PER CURIAM:

The petitioner seeks review of a removal order, contending that the Visa Waiver Program's waiver of the right to contest an action of removal1 does not apply to an applicant for adjustment of status under 8 C.F.R. § 245.2. We deny the petition for review.

I

On February 7, 2006, Joan McCarthy, a citizen of the United Kingdom, entered the United States as a non-immigrant under the Visa Waiver Program (VWP...

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