United States Court of Appeals For the First Circuit No. 17-1990 DYLAN O'RIORDAN, Petitioner, v. WILLIAM P. BARR,* Respondent. ON PETITION FOR REVIEW OF A FINAL ORDER OF THE DEPARTMENT OF HOMELAND SECURITY Before Torruella, Selya, and Barron, Circuit Judges. Anthony Marino, with whom Irish International Immigrant Center was on brief, for petitioner. Joanna L. Watson, Trial Attorney, Office of Immigration Litigation, with whom Chad A. Readler, Acting Assistant Attorney General, Civil Division, and Anthony P. Nicastro, Assistant Director, Office of Immigration Litigation were on brief, for respondent. May 22, 2019 * Pursuant to Fed. R. App. P. 43(c)(2), Attorney General William P. Barr has been substituted for former Attorney General Jefferson Sessions, III, as the respondent. BARRON, Circuit Judge. Dylan O'Riordan is an Irish citizen who had entered this country as a child and had been living in the United States for more than seven years when immigration officials apprehended him. The government charged him with having been admitted to this country via the Visa Waiver Program ("VWP") and having stayed here beyond the 90-day period permitted by the visa that he secured through that program. He now petitions for review of the administrative order of removal that was issued in accord with the terms of the VWP, after the government found that he had been admitted to the United States through the VWP as a child and then overstayed his visa. Although O'Riordan's circumstances are most unfortunate, we conclude that we must deny the petition. I. The VWP allows "a qualifying visitor [to] enter the United States without obtaining a visa, so long as a variety of statutory and regulatory requirements are met." Bradley v. Att'y Gen., 603 F.3d 235, 238 (3d Cir. 2010) (citing 8 U.S.C. § 1187). The VWP is a reciprocal waiver program, which means that "[a]n alien may not be provided a waiver [of the visa requirement from the United States government] under the program unless the alien has waived any right . . . to contest, other than on the basis of an application for asylum, any action for removal of the alien." 8 U.S.C. § 1187(b). The VWP allows the alien visitor, per their - 2 - visa, to remain in the United States for 90 days after entry. Id. § 1187(a)(1). Pursuant to the VWP, an alien must sign an "I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form." 8 C.F.R. § 217.2(b)(1). The alien must also complete a travel authorization under the Electronic System for Travel Authorization ("ESTA"). See 8 C.F.R. § 217.5. On this ESTA form, there are fields to indicate whether the visitor has "Waived Rights" and whether the form was filled out by a "Third Party." There is no I-94W waiver form related to O'Riordan's case in the record. The record does contain an ESTA form concerning his entry into the United States. That form, which is dated June 10, 2010, indicates "Y" in the field "Waived Rights" and "Y" in the field "Third Party Indicator." O'Riordan was twelve years ...
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