That's for the courts to decide, and in this case his Habeas Corpus petition was denied and he has a final order of removal signed by an immigration court judge

That's for the courts to decide, and in this case his Habeas Corpus petition was denied and he has a final order of removal signed by an immigration court judge, who is not a part of the administration. His I-485 is ineligible, period. He entered under the VWP, which makes you ineligible for any adjustment of status. His case would have been denied, undoubtedly.