Originally Posted by
bankops
You would be pretty wrong then. This is the whole reason for requesting asylum, destroying your passport before arrival and other such tricks. This then effectively blocks them from sending you back. As long as the person in question has the necessary travel documents (a passport) a CBP officer can send them home. End of story. No appeal, no escalation, no nothing.
http://www.uscis.gov/portal/site/usc...0aRCRD&CH=8cfr
I'm reproducing a couple of things for your benefit
INA: ACT 235 - INSPECTION BY IMMIGRATION OFFICERS; EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING ALIENS; REFERRAL FOR HEARING
Section 2A - In general.-Subject to subparagraphs (B) and (C), in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 240.
You can go through all of the text in the relevant CFRs but essentially all valid visa holders are entitled to due process and a hearing before an immigration judge. Non visa holders are not (expect for those claiming asylum) and that would include people traveling under VWP. In fact again there is a section on this and it does say the officers decision is final in the case of VWP - again this was something I had mentioned in my previous post.