Filing of Prior Frivolous Asylum Petition Prevents Later Adjustment of Status

Ribas v. Mukasey, ___ F.3d ___, 2008 WL 4781711 (10th Cir. 2008)
Immigration judge determination that first asylum petition was frivolous, which was upheld by the board of immigration appeals and not appealed, was a final judgment which barred Plaintiff from adjustment of status when he married a US citizen. Court determines that Plaintiff received adequate notice about the consequences of filing a frivolous petition and that the frivolousness determination was final before Plaintiff applied for adjustment of status.