NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 18-1509 _____________ RAUL AMADOR ROMERO MATOS, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent _______________________ On Petition for Review of an Administrative Order of Removal of the Department of Homeland Security Agency No. A216-545-202 _______________________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) December 10, 2018 Before: SMITH, Chief Judge, McKEE, and FISHER, Circuit Judges (Filed: December 20, 2018) _______________________ OPINION* _______________________ SMITH, Chief Judge. Raul Amador Romero-Matos entered the United States in 2014 pursuant to the * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Visa Waiver Program. He overstayed in violation of the terms of that Program, remaining in the country undetected until he was arrested for DUI in 2017. The Department of Homeland Security, Immigration and Customs Enforcement (“ICE”) then issued a Final Administrative Removal Order mandating Matos’s removal. Matos admits he is in the United States unlawfully but nonetheless seeks to stay, contending that a subsequent arrest by local law enforcement at ICE’s behest violates the Fourth and Fourteenth Amendments to the United States Constitution. Matos is subject to removal under the terms of the Visa Waiver Program. We will deny in part and dismiss in part his petition for review. I. Matos, a citizen of Spain and Peru, entered the United States in February 2014 using the Visa Waiver Program. This Program allows citizens of certain countries to enter the United States without a visa provided, among other conditions, that they leave within 90 days. Matos indisputably failed to leave the United States within 90 days. Indeed, he remained undetected for over three years until he was arrested on August 6, 2017, in Northampton County, Pennsylvania, on a DUI charge. On March 2, 2018, during proceedings related to the DUI charge, local law enforcement arrested Matos on a purported warrant from ICE. The local authorities detained Matos until ICE arrived. During an interview with ICE, Matos freely admitted that he had entered the United States pursuant to the Visa Waiver Program and overstayed. Three days after Matos’s arrest, ICE issued its Notice of Intent to Issue a Final 2 Administrative Removal Order, charging Matos with removability for violating the terms of the Visa Waiver Program. Matos admitted the allegations and indicated that he did not want to seek asylum, withholding of removal, or deferral of removal. ICE therefore issued a Final Administrative Removal Order and ordered Matos removed to Spain. Matos promptly filed this petition for review and moved to stay his removal pending the disposition of the petition.1 Because the Attorney General did not oppose Matos’s stay request, a panel of this Court stayed his removal. We now consider the merits of the petition for review. II. Our review of Matos’s petition is governed in large part by the terms of the Visa Waiver Program.2 The Visa Waiver Program allows citizens of designated countries to enter the United States ...
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