Per Curiam
Gjerjaj, a participant in the Visa Waiver Program (VWP), entered the country in 2005 under a fraudulent Italian passport. Like other VWP participants, she signed a waiver of rights to contest removal actions other than on the basis of asylum. While in the U.S., Gjerjaj unsuccessfully sought asylum. Marriage to a U.S. citizen led her to seek adjustment of status. Adjustment was denied when she became subject to Immigration and Customs Enforcement’s 2011 removal order. The Second Circuit denied review of the removal order. Citing Shabaj v. Holder, it found Gjerjaj bound by the VWP despite entry based on a false passport. The circuit further held Gjerjaj knowingly and voluntarily waived her right to contest removal on any basis other than asylum, and that having participated in her asylum-only proceeding she could not contest removal on the ground that she filed a status adjustment application after overstaying the 90 days that she was authorized to be in the country as a VWP participant. Joining with other circuits, the Second Circuit held that a VWP participant may not contest removal on the basis of an adjustment of status application filed after the 90-day period during which a VWP participant may stay in the United States.
