Ferry v. Gonzales

Ciaran Ferry, a native of Northern Ireland, entered the United States in December 2000 under the Visa Waiver Program ("VWP"), 8 U.S.C. § 1187, a program which provides an expedited admission process for aliens from certain countries and authorizes approved aliens to stay in the United States for up to ninety days. The VWP also provides an expedited removal process. Before an alien may enter the United States pursuant to the VWP, the alien is required to sign a waiver of his right to contest removal other than through an application for asylum. § 1187(b)(2). Ferry remained in the United States long after the ninety days he was authorized under the VWP had expired. Eventually, he filed for an adjustment of status with the Department of Homeland Security ("DHS") based on his marriage to a United States Citizen. On January 30, 2003, before a decision was rendered on Ferrys application for adjustment of status, the DHS arrested Ferry and issued an administrative order of removal on the basis that Ferry had overstayed the ninety days authorized under the VWP. Ferry remained in DHS custody for almost twenty-three months before he was deported to Ireland on December 21, 2004.