dismissed EB-1A Case: Entertainment Industry

4 
 U.S. Department of Homeland Security 
identifying data deleted to 
 U.S. Citizenship and Immigration Services 
Oflce of Administrative Appeals MS 2090 
prevent clearly unwarranted 
 Washington, DC 20529-2090 
invasion of personal privacy 
 U. S. Citizenship 
and Immigration 
PUBLIC COPY 
LIN 08 049 51646 
PETITION: 
 Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. 5 1153@)(l)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 3 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. 
 103.5(a)(l)(i). 
V 
hohn F. Grissom 
Acting Chief, Administrative Appeals Office 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska 
Service Center and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will 
be dismissed. 
The petitioner, an entertainment company, seeks to classify the beneficiary as an employment-based 
immigrant pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 
8 U.S.C. $ 1 153(b)(l)(A), as an alien of extraordinary ability. The director determined the petitioner 
had not established that the beneficiary has earned the sustained national or international acclaim 
necessary to qualify for classification as an alien of extraordinary ability. 
On appeal, counsel argues that the evidence presented by the petitioner was sufficient to establish that 
the beneficiary meets the requirements for classification as an alien of extraordinary ability 
Section 203(b) of the Act states, in pertinent part, that: 
(1) Priority workers. -- Visas shall first be made available . . . to qualified immigrants who are 
aliens described in any of the following subparagraphs (A) through (C): 
(A) Aliens with extraordinary ability. -- An alien is described in this subparagraph if -- 
(i) the alien has extraordinary ability in the sciences, arts, education, 
business, or athletics which has been demonstrated by sustained national or 
international acclaim and whose achievements have been recognized in the 
field through extensive documentation, 
(ii) the alien seeks to enter the United States to continue work in the area of 
extraordinary ability, and 
(iii) the alien's entry into the United States will substantially benefit 
prospectively the United States. 
U.S. Citizenship and Immigration Services (USCIS) and legacy Immigration and Naturalization 
Service (INS) have consistently recognized that Congress intended to set a very high standard for 
individuals seeking immigrant visas as aliens of extraordinary ability. See 56 Fed. Reg. 60897, 
60898-99 (Nov. 29, 1991). As used in this section, the term "extraordinary ability" means a level of 
expertise indicating that the individual is one of that small percentage who have risen to the very top 
of the field of endeavor. 
 8 C.F.R. $204.5(h)(2). 
 The specific requirements for supporting 
documents to establish that an alien has sustained national or international acclaim and recognition 
in his or her field of expertise are set forth in the regulation at 8 C.F.R. $ 204.5(h)(3). The relevant 
criteria will be addressed below. It should be reiterated, however, that the petitioner must show that 
the beneficiary has sustained national or international acclaim at the very top level. 
This petition, filed on November 30, 2007, seeks to classify the beneficiary as an alien with 
extraordinary ability as an executive in the entertainment industry. The record reflects that the 
Page 3 
beneficiary has worked as the Vice President for Quality 
 March 2007. The 
petitioner submitted a September 14, 2007 letter from 
 , President and Chief 
Executive Officer, , stating: 
is an international entertainment conglomerate consisting of two record 
labels, a publishing company, a management firm, booking agency, a music advertising firm 
and an education and consultancy group. Our company was established in 2005. The 
majority of our businesses were previously run by Silverlight Records, LLC. Silverlight no 
longer exists as its business and assets have been absorbed by - 
An international entertainment conglomerate with so many branches needs the skills of a 
[sic] extremely well prepared professional who can skillfully supervise and improve the 
quality of all of its products. [The beneficiary] is an extremely well prepared and competent 
executive. He completed satisfactorily his studies with a Bachelor Degree in . . . 
International Business Administration. 
Prior to his employment wit-., the beneficiary worked as a Sales Manager at the Ikea 
home products store in San Diego, California fi-om July 2003 to October 2006. 
The regulation at 8 C.F.R. § 204.5(h)(3) indicates that an alien can establish sustained national or 
international acclaim through evidence of a one-time achievement (that is, a major, internationally 
recognized award). Barring the alien's receipt of such an award, the regulation outlines ten criteria, 
at least three of which must be satisfied for an alien to establish the sustained acclaim necessary to 
qualify as an alien of extraordinary ability. A petitioner, however, cannot establish the beneficiary's 
eligibility for this classification merely by submitting evidence that simply relates to at least three 
criteria at 8 C.F.R. 8 204.5(h)(3). In determining whether the beneficiary meets a specific criterion, 
the evidence itself must be evaluated in terms of whether it is indicative of or consistent with 
sustained national or international acclaim. A lower evidentiary standard would not be consistent 
with the regulatory definition of "extraordinary ability" as "a level of expertise indicating that the 
individual is one of that small percentage who have risen to the very top of the field of endeavor." 
8 C.F.R. $204.5(h)(2). The petitioner has submitted evidence pertaining to the following criteria.' 
Documentation of the alien's receipt of lesser nationally or internationally recognized 
prizes or awards for excellence in thejeld of endeavor. 
On appeal, the petitioner submits two December 1 1,2007 certificates of recognition presented to the 
beneficiary by the Fermatta Music Academy for "his assistance and notable dedication in the Clinic 
'Quality, how to obtain it and preserve it in different aspects of your profession"' and for "being a 
clear example of professionalism, dedication and innovation in the XXI century." The beneficiary 
received these certificates subsequent to the petition's filing date. A petitioner, however, must 
establish the beneficiary's eligibility at the time of filing. 8 C.F.R. $8 103.2(b)(l), (12); Matter of 
Katigbak, 14 I&N Dec. 45, 49 (Regl. Cornmr. 1971). Accordingly, the AAO will not consider this 
1 
 The petitioner does not claim to meet or submit evidence relating to the criteria not discussed in this decision. 
Page 4 
evidence in this proceeding. Nevertheless, there is no evidence showing that these certificates are 
nationally or internationally recognized prizes or awards for excellence in the field rather than 
institutional forms of recognition issued by a school with which the beneficiary has a direct business 
relationship (providing consulting services). Accordingly, the petitioner has not established that the 
beneficiary meets this criterion. 
Published material about the alien in professional or major trade publications or other 
major media, relating to the alien's work in thejeld for which classijication is sought. 
Such evidence shall include the title, date, and author of the material, and any necessary 
translation. 
In general, in order for published material to meet this criterion, it must be primarily about the 
beneficiary and, as stated in the regulations, be printed in professional or major trade publications or 
other major media. To qualify as major media, the publication should have significant national or 
international distribution. An alien would not earn acclaim at the national level from a local 
publication. Some newspapers, such as the New York Times, nominally serve a particular locality but 
would qualify as major media because of significant national distribution, unlike small local community 
2 
papers. 
The petitioner submitted articles and online content about rock singer and songwriter Elan Sara DeFan, 
sister of Jan Carlo DeFan. For example, a January 2006 article in the Guadalajara Reporter entitled 
"Tapatia singer writes songs in English" states: 
In order to succeed in the music industry, Guadalajara native Elan Sara Defan and her family 
left home when she was 16 and headed to the United States. Now, at 22, she is the first 
internationally successful Latin American independent artist, as well as the first Latina to begin 
her career with an entirely self-written English language album ("Street Child"). 
(the entertainment company P started with her broth-), will bring 
the Fermatta Academy of Music to Guadalajara in 2006. 
and her brother mpieced together most of "Street Child" in the spare bedroom 
of their parents' apartment, opened Silverlight Records and never looked back. 
None of the published articles submitted by the petitioner were about the beneficiary. The plain 
language of this regulatory criterion, however, requires that the published material be "about the 
2 
 Even with nationally-circulated newspapers, consideration must be given to the placement of the article. For example, 
an article that appears in the Washington Post, but in a section that is distributed only in Fairfax County, Virginia, for 
instance, cannot serve to spread an individual's reputation outside of that county. 
Page 5 
alien." 
 Further, the articles all predate his employment with and there is no 
supporting evidence showing that they were published in major media. 
In light of the above, the petitioner has not established that the beneficiary meets this criterion. 
Evidence of the alien's original scientific, scholarly, artistic, athletic, or business- 
related contributions of major signz$cance in the field. 
We acknowledge the petitioner's submission of several reference letters praising the beneficiary's 
talent as an administrator and discussing his work for . Talent and employment in 
one's field, however, are not necessarily indicative of original business-related contributions of 
major significance. The record lacks evidence showing that the beneficiary has made original 
contributions that have significantly influenced or impacted his field. 
with the firm 
California, states: 
[The beneficiary] is the Vice President for Quality for 
entertainment company who signed Latin superstar Elan. I represent 
 . as its 
General Counsel and in a variety of matters. 
As the head of his Division, [the beneficiary] monitors technical and administrative quality of 
the entire organization. [The beneficiary] makes the organizational and administrative 
divisions run efficiently. [The beneficiary's] contribution to is of extreme benefit 
to the company, and has led to increased sales, promotion and productivity. I do not hesitate 
to say he is among the best in his field. 
Senior Commercial Director, Corporacih Interamericana de Entretenimiento, 
Mexico, states: 
[The beneficiary] works at which is the parent company of - 
which in turn is the record label Latin star 
 is signed to. [The beneficiary], who holds the 
post of Vice President of the Quality Division at 
 is responsible for the 
technical quality and administrative quality of the entertainment company. [The beneficiary] 
makes sure the company's organizational and administrative divisions are functional to the 
highest of standards. He is in my estimate a very bright executive. He is a very good 
administrator and has a very unique way with people, he has an ability to make things go 
right. 
- Mastering Engineer, Capitol Mastering, California, states: 
[The beneficiary's] diligent work at which is cord label is greatly 
appreciated for our continual business withand their artist. 
Page 6 
[The beneficiary] is currently the Vice President for Quality at the company. He is 
responsible for the administrative as well as the technical quality. He is very good at what he 
does, in my personal experience, working with has been a pleasure and 
having [the beneficiary] supervising the company's administrative as well as technical 
quality will ensure many years of prosperous business with the company. 
While the beneficiary has helped improve the quality of business operations for- 
there is no evidence demonstrating that this work constitutes original contributions of major 
significance in his field. For example, there is no evidence showing that the beneficiary's work has 
impacted the entertainment industry beyond his employer and its business relationships. 
Market Expansion Manager, Microsoft Corporation, states: 
 "A university 
graduate with a major in international business administration, [the beneficiary] is also a natural 
. . 
administrator and understands the music business." 
Senior Director of Latin Music, Broadcast Music, Inc. (BMI), California, states: 
I deal with 
 on a regular basis due to the fact that 
 is one of 
BMI's affiliate publishing companies. I can confidently say that [the beneficiary] is a key 
element of the organization, making sure it functions 100%. 1 am not hesitant in saying that 
he is one of the best in his field. 
, California, states: 
I currently represent . in several matters and it is through that I had 
the opportunity to become acquainted with [the beneficiary] who is the Vice President for 
Quality for such company. 
is a relatively young corporation but has been very successful and is now 
branching out to different countries around the world. It is my belief that since [the 
beneficiary] started his employment with . there has been a marked 
improvement in the quality of the products offered by the company and each of its affiliates 
with whom [the beneficiary] is involved. 
Due to the close relationship I have with 
 and his sister 
 I have seen up close 
the admirable work of [the beneficiary]. 
 has flourished since [the beneficiary] 
started working as Senior Vice President for Quality at 
 From what I have 
observed 
 career is at its highest point of success since her professional career launched 
over 14 years ago. 
Page 7 
I have attended several shows given by 
 Performance wise they have always been great 
but recently I have notice [sic] a tremen ous improvement in the quality of the show in many 
different aspects of their production. The audio, video coordination and lighting for starters 
are absolutely amazing. This is directly attributable to [the beneficiary's] quality supervision 
of the show. 
We acknowledge that the beneficiary has performed admirably in ensuring the quality of Elan's 
concerts and products, but there is no evidence showing that his work was original or that it was of 
major significance to the entertainment industry. 
Director, Fermatta Music Academy, Mexico, states: 
I deal with . on a regular basis. I can state that [the beneficiary] is a key 
element of the organization and a very skillful worker making sure it is 100% operational all 
the time and correcting any quality problems on the spot and establishing firm policy to 
prevent any future problems. I truly believe [the beneficiary] to be an essential part of the 
company, he is from what I have observed a very hard worker. 
I have had the pleasure of working with [the beneficiary] on several different areas, one of 
them being quality inspection work he has done at the Fermatta Music Academy. 
From the beginning of his consultancy work in regards to quality at Fermatta, the school has 
had a tremendous increase in student enrollment. Under his guidance new equipment has 
been purchased, facility usage has been maximized and student graduations is at its [sic] 
highest point. 
Latin superstam is the spokesperson for our institution so I am very well aware of her 
career. 
 Coinciding with the time when [the beneficiary] started working with 
supervising quality control of her career, her career has flourished. 
 rn 
While the beneficiary may have performed admirably as a consultant for the Fermatta Music 
Academy, there is no evidence demonstrating that this work is tantamount to original contributions 
of major significance in his field. 
, Executive Director, Satus Media, Mexico, states: is at a crucial point in her 
career and [the beneficiary] has made it possible for her to have the best quality in products and 
concerts." 
, Chief Executive Officer, Undercover Media, Australia, states: 
Page 8 
[The beneficiary] is one of the unique members of Elan's team and from the start he has 
made a huge difference in many aspects. . . . Elan is an inspiring example of artistic 
integrity and this has been carefully safeguarded by [the beneficiary]. 
Elan has sold over 1.5 million units of her music worldwide and is now one of the most 
sought after independent artists from Latin America. This is a result in part by [the 
beneficiary's] work. 
We note that the beneficiary did not begin working with 
 until 2007 and there is no 
evidence showing that the success of Elan's first two albums was primarily attributable to the 
beneficiary's work. 
With regard to the beneficiary's achievements in the entertainment industry, the letters of 
recommendation do not specify exactly what the beneficiary's original artistic or business-related 
contributions have been, nor is there an explanation indicating how any such contributions were of 
major significance in his field. According to the regulation at 8 C.F.R. 8 204.50(3)(v), an alien's 
contributions must be not only original but of major significance. We must presume that the phrase 
"major significance" is not superfluous and, thus, that it has some meaning. While the beneficiary 
has earned the admiration of those offering letters of support, the record lacks evidence showing that 
his work constitutes original contributions of major significance in his field consistent with sustained 
national or international acclaim. For example, the record does not indicate the extent to which his 
work has impacted others in his field nationally or internationally, nor does it show that the 
entertainment industry has significantly changed as a result of his work. 
In this case, the recommendation letters submitted by the petitioner are not sufficient to meet this 
regulatory criterion. USCIS may, in its discretion, use as advisory opinion statements submitted as 
expert testimony. See Matter of Caron International, 19 I&N Dec. 791, 795 (Cornrnr. 1988). 
However, USCIS is ultimately responsible for making the final determination regarding an alien's 
eligibility for the benefit sought. Id. The submission of letters of support from the beneficiary's 
personal contacts is not presumptive evidence of eligibility; USCIS may evaluate the content of 
those letters as to whether they support the alien's eligibility. See id. at 795. Thus, the content of the 
writers' statements and how they became aware of the beneficiary's reputation are important 
considerations. Even when written by independent experts, letters solicited by an alien in support of 
an immigration petition are of less weight than preexisting, independent evidence of orignal 
contributions of major significance that one would expect of an entertainment industry executive 
who has sustained national or international acclaim. Without extensive documentation showing that 
the beneficiary's work has been unusually influential, highly acclaimed throughout his field, or has 
otherwise risen to the level of original contributions of major significance, we cannot conclude that 
he meets this criterion. 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
On appeal, the petitioner submits a June 1 1,2008 letter &om 
 stating: 
I am a musical artist and have been a professional musician for more than 15 years. I also 
hold and executive position at . . . and I am the official Spokesperson for the 
Fermatta Music Academy (one of the few Berklee College of Music affiliates around the 
world). 
Since [the beneficiary] started working at 
 as Vice President for Quality the 
company's statistics have risen to an all time high. [The beneficiary1 has also been working 
- - - - 
directly with me as Chief Quality Supervisor in every aspect of my career. Since [the 
beneficiary] started working with me, my statistics as an artist have also risen tremendously. 
He has maintained impeccable quality of my products (CDs, Videos, Merchandising, 
Touring, Recordings, Marketing and Show Production). 
Last year I received an Independent Diamond Record Award for the sale of over 1.5 Million 
Records of my music. This an unheard of number for a Latin American independent artist. 
We have received great praise fiom fans and critics for the production of the shows, the 
quality of the sound and the video synchronization as well as staging. All this has been, in a 
large degree, created and supervised by [the beneficiary]. 
Ever since [the beneficiary] has been involved in the day to day activities of 
 as 
well as on my own personal singing career, I have seen clear improvements with real 
statistics. 
The demand for our shows have risen over 500%. Before we had 3 or 4 main shows in each 
country. Now we are doing over 25 shows. 
CD sales have skyrocketed and we have sold more merchandising in this tour than we ever 
sold on previous tours. 
I strongly believe that if it wasn't for the strict guidance of [the beneficiary], I wouldn't have 
had this much success. 
The petitioner also submits a June 12,2008 letter fiom 
 stating: 
Page 10 
I personally hand picked [the beneficiary] as Vice President for Quality and chose him to 
supervise every aspect of career, from the quality of her CDs, merchandising, 
production of her shows (this involves performance, audio, video among many other things) 
as well as her music videos. He is an admirable professional with expertise in many areas. 
[The beneficiary] has earned a very special place in 
 and is most certainly one of 
our most valuable employees. 
does not specify how many employees work for ., nor is there any 
organizational chart or other similar evidence showing the beneficiary's position in relation to that of 
the other company executives or employees. 
A second letter submitted on appeal 
 dated June 18, 2008, primarily discusses the 
successes and achievements of his 
 rather than focusing on the beneficiary's 
role for 
 states that the beneficiary "has done exemplary work with- 
and has become an extremely valuable member of our team." 
The record lacks evidence showing that 
 has a distinguished reputation in the 
entertainment industry. Further, the letters submitted by the petitioner do not establish that the 
beneficiary's role for his employer was leading or critical in the same manner as that of - 
om The documentation submitted by the petitioner shows that the beneficiary has performed 
admirably as Vice President for Quality at 
d 
since March 2007, but it does not establish 
that he was responsible for his employer's success or stan ing to a degree consistent with the meaning 
of "leading or critical role" and indicative of sustained national or international acclaim.' 
In light of the above, the petitioner has not established that the beneficiary meets this criterion. 
Evidence of commercial successes in the performing arts, as shown by box ofice 
receipts or record, cassette, compact disk, or video sales. 
The petitioner submitted compact discs and videos o- musical performances, but there is no 
evidence establishing that her achievements as a performing artist were primarily attributable to the 
beneficiary or that he receives a substantial percentage of royalties from Elan's music sales. Further, 
there is no evidence of documented "sales" in the form of audited financial statements. According to 
Part 5, item 2 of the Form 1-140 petition, has a "Gross Annual Income" of $900,000 
and "Net Annual Income" of $300,000. The petitioner has not established that these income 
amounts demonstrate significant commercial success for or the beneficiary. 
Accordingly, the petitioner has not established that the beneficiary meets this criterion. 
In this case, the petitioner has failed to demonstrate the beneficiary's receipt of a major, 
internationally recognized award, or that he meets at least three of the criteria at 8 C.F.R. 
5 204.5(h)(3). 
 The conclusion we reach by considering the evidence to meet each criterion 
separately is consistent with a review of the evidence in the aggregate. Even in the aggregate, the 
evidence does not distinguish the beneficiary as one of the small percentage who has risen to the 
very top of the field of endeavor. 8 C.F.R. 5 204.5(h)(2). 
On appeal, counsel argues that the position held by the beneficiary is unique and that the standard 
categories of evidence do not apply to his field. Counsel does not identify any evidence in the 
record that supports such a conclusion. The regulation at 8 C.F.R. 5 204.5(h)(4) allows for the 
submission of "comparable evidence'' only if the ten criteria "do not readily apply to the 
beneficiary's occupation." The regulatory language precludes the consideration of comparable 
evidence in this case, as there is no evidence that eligibility for visa preference in the beneficiary's 
occupation cannot be established by the ten criteria specified by the regulation at 8 C.F.R. 
4 204.5(h)(3). For example, there is no evidence showing that the high salary criterion at 8 C.F.R. 
5 204.5(h)(3)(ix) is not applicable to executives in the entertainment industry. Where an alien is 
simply unable to meet three of the regulatory criteria, the plain language of the regulation at 8 C.F.R. 
5 204.5(h)(4) does not allow for the submission of comparable evidence. 
Nevertheless, the evidence submitted in support of this petition has already been addressed in our 
discussion of the regulatory criteria at 8 C.F.R. 5 204.5@)(3). Counsel does not specify the 
documentation the petitioner requests re-evaluation of as comparable evidence. Further, there is no 
evidence showing that such documentation constitutes achievements and recognition consistent with 
sustained national or international acclaim at the very top of the beneficiary's field. While reference 
letters can provide usefbl information about an alien's qualifications or help in assigning weight to 
certain evidence, such letters are not a substitute for objective evidence of the alien's achievements and 
recognition as required by the statute and regulations. The nonexistence of required evidence creates a 
presumption of ineligibility. 8 C.F.R. tj 103.2@)(2)(i). Further, the classification sought requires 
"extensive documentation" of sustained national or international acclaim. See section 
203(b)(l)(A)(i) of the Act, 8 U.S.C. 1153(b)(l)(A)(i), and 8 C.F.R. 5 204.5(h)(3). The 
commentary for the proposed regulations implementing the statute provide that the "intent of Congress 
that a very high standard be set for aliens of extraordinary ability is reflected in this regulation by 
requiring the petitioner to present more extensive documentation than that required" for lesser 
classifications. 56 Fed. Reg. 30703, 30704 (July 5, 1991). Primary evidence of achievements and 
recognition is of far greater probative value than opinion letters from individuals selected by the 
petitioner. While the regulation at 8 C.F.R. 5 204.5(h)(4) permits "comparable evidence" where the ten 
criteria do not "readily apply" to the alien's occupation, the regulation neither states nor implies that 
opinion letters attesting to the alien's standing in the field are "comparable" to the strict documentation 
requirements in the regulations setting forth the ten criteria. 
Counsel contends on appeal that the director erred by failing to request further evidence before 
denying the petition. The regulation at 8 C.F.R. 5 103.2(b)(8)(ii) provides: 
If all required initial evidence is not submitted with the application or petition or does not 
demonstrate eligibility, USCIS in its discretion may deny the application or petition for lack 
Page 12 
of initial evidence or for ineligibility or request that the missing initial evidence be submitted 
within a specified period of time as determined by USCIS. 
The director is not required to issue a request for further information in every potentially deniable 
case. If the director determines that the record lacks initial evidence or does not demonstrate 
eligibility, the cited regulation does not require solicitation of further documentation. With regard to 
counsel's concern, it is not clear what remedy would be appropriate beyond the appeal process itself. 
The petitioner has in fact supplemented the record on appeal, and therefore it would serve no useful 
purpose to remand the case simply to afford the petitioner the opportunity to supplement the record 
with new evidence. 
Review of the record does not establish that the beneficiary has distinguished lumself to such an 
extent that he may be said to have achieved sustained national or international acclaim or to be 
within the small percentage at the very top of his field. The evidence is not persuasive that the 
beneficiary's achievements set him significantly above almost all others in his field at a national or 
international level. Therefore, the petitioner has not established the beneficiary's eligibility pursuant 
to section 203(b)(l)(A) of the Act and the petition may not be approved. 
The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of the 
Act, 8 U.S.C. § 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will 
be dismissed. 
ORDER: The appeal is dismissed.