The Third Circuit has determined that an Albanian citizen who attempted to enter the US using a fraudulent Italian passport through the Visa Waiver Program (VWP) waived his right to contest his removal through any means other than an asylum application, even though Albania is not a VWP country and even though he was not admitted to the United States for 90 days under the VWP.
The full text of Shkembi v. Attorney General can be found here: https://www2.ca3.uscourts.gov/opinarch/212592p.pdf