Schmitt v. Maurer, 451 F.3d 1092 (10th Cir. Jun. 20, 2006) (noncitizens who enter on the visa waiver program waive all rights to contest removal or appear before an immigration judge, except to apply for asylum; VAWA applicant who entered through Visa Waiver Program and overstayed therefore cannot adjust).
http://laws.lp.findlaw.com/10th/041436.html