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vilhelm_s | 20 days ago

There is a copy of a court order here which gives more legal details [https://www.universalhub.com/files/attachments/2026/culleton...]

> The Fifth Circuit has held that the VWP statute “‘unambiguously’ limits an alien’s means of contesting removal solely to an application for asylum.” McCarthy v. Mukasey, 555 F.3d 459, 460 (5th Cir. 2009) (citation omitted). And once an individual violates the terms of the VWP by remaining in the United States for more than ninety days, the individual is no longer entitled to contest removal on any other basis. Id. at 462. This is true even when an individual has a pending adjustment of status application on the basis of their marriage to a U.S. citizen. Id. at 460, 462.

> Culleton concedes he is removable under the VWP. Reply 10. But he argues that because USCIS accepted and began processing his adjustment of status application, he is entitled to due process protections in its fair adjudication. Id. at 9. The Fifth Circuit has foreclosed this very argument, reasoning that the VWP waiver includes a waiver of due process rights. See Mukasey, 555 F.3d at 462. And “[t]he fact that [Culleton] applied for an adjustment of status before the DHS issued its notice of removal is of no consequence.” Id.

discuss

order

insane_dreamer|20 days ago

It's shocking that the court could determine this when the whole process of getting permanent residency involves an adjustment of status that allows you to remain in the country even though your visa has expired so long as your application is being processed (which can take a very long time). You just can't leave the country. So to arrest someone while they are following the steps they're supposed to be following, is similar to entrapment (do X and you'll be ok, then they do X and get arrested).

kcplate|20 days ago

> So to arrest someone while they are following the steps they're supposed to be following

I think the issue complicating this man’s situation is that it appears when you dig into the details that for nearly 16 years he was skirting the system and only tried getting his legal situation resolved just a few months prior to his detainment. He is choosing to fight it which is resulting in the long detention.

Personally I believe we need some legal carve outs for this type of situation, but there is simply no doubt that this guy made a series of poor decisions prior to April of 2025 that has created the situation he is in.