Originally Posted by
blue_can
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.
Hmm. I really really hope you don't have anything to do with practicing law.
The State Department however says:
A visa is issued by a U.S. Embassy or Consulate. A visa entitles the holder to travel to the United States and apply for admission; it does not guarantee entry. An immigration inspector at the port of entry determines the visa holder's eligibility for admission into the United States.
That must be because they are referring to the following:
INA: ACT 235 - INSPECTION BY IMMIGRATION OFFICERS
(1) Inspection of aliens arriving in the United States and certain other aliens who have not been admitted or paroled.-
(A) Screening.-
i) In general.-If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in clause (iii) is inadmissible under section 212(a)(6)(C) or 212(a)(7) , the officer shall order the alien removed from the United States without further hearing or review unless the alien indicates either an intention to apply for asylum under section 208 or a fear of persecution.
You referenced the section 2, regarding "Other aliens" and not section 1.