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Bayo v. Napolitano

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ARGUED MAY 13, 2009

Before EASTERBROOK, Chief Judge, and BAUER, POSNER, COFFEY, FLAUM, KANNE, ROVNER, WOOD, EVANS, WILLIAMS, SYKES, and TINDER, Circuit Judges.*fn1

Mohammed Bayo is not the most sympathetic of litigants. He is a citizen of Guinea, but he stole a Belgian passport and used it to enter the United States fraudulently. Why, one might ask, would he go to the trouble of doing this? Guineans are entitled to visit the United States, provided they observe the required formalities. But Guinea is not one of the 35 countries that comes within the State Department’s Visa Waiver Program (“VWP”); Belgium is. See Visa Waiver Program (VWP) http://www.travel.state.gov/visa/temp/ without/without_1990.html#countries (last visited Jan. 15, 2010). Bayo’s ploy enabled him to enter with a minimum of bureaucratic fuss and then to evade detection for more than four years.

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