⚖ Oral Arguments, with Context

The Fourth Circuit hears a challenge to the removal of Tiago Sousa Martins. He arrived from Portugal in two thousand eight, at thirteen, traveling without a parent. He remained in the United States long after the ninety-day visit allowed by the Visa Waiver Program. After an immigration arrest in twenty twenty-five, officials ordered him removed under that program, and he asked this court to set aside the removal order. The program allows short visits without a visa, but requires giving up challenges to removal other than an asylum claim. The central question is whether a valid waiver was obtained when he was a child. A presumption of regularity means courts generally assume officials properly performed their duties unless clear evidence shows otherwise. The judges examine how that presumption applies to the evidence of his childhood entry. They also discuss prejudice: whether the claimed procedural error was likely to affect the result.

Tiago Sousa Martins v. Todd Blanche (No. 26-1099) — U.S. Court of Appeals for the Fourth Circuit, argued October 30, 2026.