The Second Circuit has held that an individual who submits an ESTA form to enter the United States on the visa waiver program electronically certifies that he is waiving his right to apply for any relief from removal other than asylum if he overstays his authorized stay.  The court refused to require the Department of Homeland Security to present a physically signed I-94W, noting that the ESTA program is now completed electronically.

The full text of Enes de Vasconcelos v. Lynch can be found here: