Nardea v. Sessions, No. 16-1274 (4th Cir. 2017)
Annotate this CaseThe Fourth Circuit denied a petition for review of an order of removal issued by DHS. Petitioner was removed without the benefit of a hearing on the basis that he entered the United States under the Visa Waiver Program and waived his right to contest removal under the terms of that program. The court found that petitioner was admitted under the Visa Waiver Program based on the administrative record amassed by DHS; the evidence was sufficient to support DHS's claim that petitioner waived his right to a hearing prior to removal based on the manner of his entry, coupled with evidence of the admission process under the program; and, in the alternative, petitioner failed to demonstrate prejudice if his waiver was not knowing and voluntary.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.