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VASCONCELOS v. LYNCH

No. 15-1308-ag August Term, 2015.

841 F.3d 114 (2016)

Rui Gilberto Enes De VASCONCELOS, Petitioner, v. Loretta E. LYNCH, United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: November 2, 2016.

Attorney(s) appearing for the Case

PAUL B. GROTAS , New York, N.Y., for Petitioner.

JAMIE DOWD ( Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Anthony P. Nicastro , Acting Assistant Director, Tracey N. McDonald , Trial Attorney, Office of Immigration Litigation, Department of Justice, Washington, D.C., on the brief), for Respondent.

Before: Kearse, Jacobs, and Parker, Circuit Judges.

The Visa Waiver Program ("VWP") allows eligible citizens and nationals of designated countries to visit the United States for up to ninety days without obtaining a visa, provided that they agree to waive any right to contest removal other than by seeking asylum. 8 U.S.C. § 1187(a), (b)(2). Prior to 2009...

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