The Ninth Circuit has determined that a person who enters the United States on the visa waiver program on a fraudulent passport is still subject to the waiver of rights associated with a visa waiver entry.  As such, the person is not entitled to have an immigration judge adjudicate an application for adjustment of status.

The full text of Riera-Riera v. Lynch can be found here: 

http://cdn.ca9.uscourts.gov/datastore/opinions/2016/11/28/13-73062.pdf

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