Monday, June 4th, 2018

The Prejudice Caused by Summary Removal After Visa Waiver Admission: What the Third Circuit Missed in Vera and Bradley

"In its decision earlier this month in the case of Vera v. Attorney General of the U.S.,
the U.S. Court of Appeals for the Third Circuit held that a woman who
had entered the United States at the age of 12 under the Visa Waiver
Program (VWP) could be removed without a hearing before an immigration
judge, even though the government could not produce proof that she had
actually waived her right to such a hearing. The Third Circuit in Vera
relied on a presumption that the waiver must have been properly executed
since this was required by statute in order for Ms. Vera to be admitted
under the VWP, and also on the argument, first accepted by the Third
Circuit in the case of Bradley v. Attorney General of the U.S.,
603 F.3d 235 (3d Cir. 2010), that