Court of Appeals for the Eleventh Circuit September 2, 1998, No. 95-5555 (Auguste v. Reno)

ON PETITION FOR REHEARING

Before TJOFLAT and EDMONDSON, Circuit Judges, and O’NEILL *, Senior District Judge.

TJOFLAT, Circuit Judge:

We withdraw our opinion in 140 F.3d 1373 (11th Cir.1998) and substitute therefor the following opinion.

Under the Visa Waiver Pilot Program (‘VWPP”), see 8 U.S.C. § 1187 (1994); see also 8 U.S.C.A. § 1187 (West supp.