The Fourth Circuit has determined that when the Department of Homeland Security presents evidence that a petitioner was properly admitted to the United States on the visa waiver program, the court will presume (absent clear evidence showing otherwise) that the government necessarily obtained the entrant’s waiver to challenge any subsequent removal order.

The full text of Nardea v. Sessions can be found here:

http://www.ca4.uscourts.gov/opinions/161274.P.pdf

Comment