In Matter of Koljenovic, 25 I. & N. Dec. 219 (BIA 2010), the Board of Immigration Appeals held that one who enters the U.S. without inspection and subsequently adjusts status to lawful permanent residence has "been admitted" as of the date of adjustment and must thereafter satisfy the seven-year continuous residence requirement in order to be eligible for a waiver under INA § 212(h).
In Matter of Richardson, 25 I. & N. Dec. 226 (BIA 2010), the Board of Immigration Appeals found that INA § 101(a)(43)(U), which holds, in part, that an attempt or conspiracy to commit any "aggravated felony" enumerated in § 101(a)(43) is itself an aggravated felony, does not require an overt act in furtherance of the crime for the conviction to qualify as an aggravated felony under the statute.
In Matter of Alania-Martin, 25 I. & N. Dec. 231 (BIA 2010), the Board of Immigration Appeals held that someone eligible to adjust status under INA § 245(i) is not barred by prior unlawful employment per INA § 245(c), finding § 245(i) to be a blanket waiver of any § 245(c) ineligibilities.
In Matter of B-Y-, 25 I. & N. Dec. 236 (BIA 2010), the Board of Immigration Appeals (Board) discussed at length the issues of adverse credibility and frivolous application findings in asylum proceedings before the Immigration Judge (IJ). The Board initially held that when credibility and frivolousness findings do not overlap, separate findings as to each are necessary and that, because a determination of a frivolous application requires findings as to "deliberate fabrication" and "materiality" not necessary for a determination of adverse credibility, the IJ must separately address the issue of frivolousness. The Board similarly held that the IJ must separately address an applicant's explanations for inconsistencies and discrepancies when making a frivolousness determination as to how they may affect the "deliberate fabrication" and "materiality" components of such a determination.
On March 2, 2010, the U.S. Supreme Court held in Johnson v. U.S., 2010 WL 693687, that Floridas felony battery does not require as an essential element the use of physical force against another and therefore is not a violent felony under 18 USCA Section 924(e), which may affect those with aggravated felony crime of violence or domestic violence removal charges.
On March 8, 2010, the U.S. Supreme Court let stand the Eleventh Circuits decision in Ferguson v. Holder, (09-263) 2010 WL 757697, which held that an INA Section 212(c) waiver is not available to one who was convicted of a deportable criminal offense by a jury before the effective date of IIRIRAs Section 304(b).
In Matter of Perez Ramirez, 25 I.&N. Dec. 203 (BIA 2010), the Board of Immigration Appeals held that a California misdemeanor conviction for willful infliction of corporal injury on a spouse under Penal Code 273.5(a) qualifies as a conviction for a crime of violence under 18 USCA Section 16(a).
On February 9, 2010, the U.S. Department of State (DOS) published a notice in the Federal Register announcing proposed changes in the fees, mostly increases, it charges for a variety of consular services. These include increases for: U.S. passport applications, including a passport security surcharge and fees for extra pages; U.S. passport card applications; processing consular report applications for the foreign birth of a U.S. citizen; the diversity lottery winners fee; Affidavit of Support review at the National Visa Center; documentary services (notarization, certification, etc.); letters rogatory processing; and, services involved in taking a deposition or executing a commission to take testimony. A new fee is imposed for processing a renunciation of citizenship by a U.S. citizen and a new tiered fee schedule is implemented for immigrant visa processing. Fees for assisting U.S. citizens make necessary arrangements when a non-U.S. citizen dies abroad; investigating claims to lawful permanent residence by those without such proof; and, services performed out-of-office or outside normal business hours would be decreased.
