Vera v. Atty General, 672 F.3d 187 (3d Cir. Mar. 1, 2012) (court may presume visa waiver entrant executed the statutorily required waiver of her right to challenge removal; even if waiver was not signed or invalid, prejudice must also be shown), vacated by Vera v. Att'y Gen, __ F.3d __, 2012 WL 2135508 (3d Cir. Jun. 13, 2012) (DHS discovered petitioner was not a visa waiver program entrant).