Foreign nationals admitted under the visa waiver program (ESTA), have waived the right to contest any action for deportation, (other than on the basis of an application for asylum), and can be removed from the U.S. without Immigration Court proceedings. ICE has the authority to order the removal/deportation of ESTA overstays by the simple act of ticking a form.
Unlike those entering with a visa, ESTA entrants cannot extend the duration of their stay. USCIS may grant a 30-day period of “Satisfactory Departure” this authority is some times partially deligated to CBP and is currently being exercised on a case by case basis during the COVID 19 crisis.
With the exception of immediate relatives (Parents, spouses and unmarried children of Adult U.S. citizens) ESTA entrants are ineligible to adjust status to permanent residence. USCIS field offices may adjudicate adjustment of status cases filed by immediate relative ESTA entrants if ICE has not issued a removal order. If ICE has issued a removal order because of overstay passed the 90 days USCIS may not adjudicate an application for adjustment of status to permanent residence unless ICE withdraws or rescinds the removal order.
An ESTA overstay whose I-485 application to adjust to permanent residence is denied by USCIS usually has no right to appeal or removal proceedings before an Immigration Court. There is, however, an exception, Immediate Relatives whose Form I-485 was filed within the 90-day period of admission within the jurisdiction of the Ninth Circuit are entitled to removal proceedings before an Immigration Court if the adjustment application is denied by USCIS.