dismissed EB-1A Case: Martial Arts

DATE OCT 1 5 2012 
IN RE: Petitioner: 
I3encficiary: 
Office: TEXAS SERVICE CENTER 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Admini~lrativc Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washinglon, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
PETITION: Immigrant Petition for Alien Worker as an Nien of Extraordinary Ability Pursuant to Section 
203(b)(1)(A) of the Immigration and Nationality Act, 8 U.S.c. § llS3(b)(1)(A) 
ON I3EHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this mailer have been returned to the officc that originally decided your case. Please he advised that 
any further inquiry that you might have concerning your case must he made to that office. 
If you helieve the AAO inappropriately applied the law in reaching its decision, or you have additional 
information that you wish to have considered, you may' file a motion to reconsider or a motion to reopen in 
accordance with the instructions on Form I-2YOB, Notice of Appeal or Motion, with a fee uf $630. The 
spccific rcquirements fur filing such a motion can he round at H C.F.R. ~ 103.5. Do not file any motion 
directly with the AAO. Please he aware that R C.F.R. ~ 103.5(a)(1)(i) requires any motion to be filed within 
30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
'YJZJ 
r~ 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition on January 30, 2012. The petitioner, who is also the beneficiary, appealed the decision to 
the Administrative Appeals Office (MO) on February 16, 2012. The appeal will be summarily 
dismissed. 
On part 6 of the petition, the petitioner indicated that he is seeking classification as an "alien of 
extraordinary ability" in the athletics, specifically, as a "martial art [sic] master," pursuant to section 
203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.c. § 1153(b)(1)(A). On part 3, 
"Basis of the Appeal or Motion," of the Notice of Appeal or Motion, Form I-290B, petitioner states, 
in its entirety. "We have provided massive documents to your office documenting that [the 
petitioner] has met the criteria of an alien with extraordinary ability. We would like your office to 
review the case again via the appeal processing." In the attached letter dated February 15, 2012, 
counsel states: 
... The [petitioner] is an international [ sic] acclaimed martial artist. 
He has been one of the most active and accomplished martial artist 
[sic] in tri states [sic] area .... 
We sincerely hope that you would re exam [sic] the case. especially 
the massive documents we have submitted, as [the petitioner] is 
truly an international [sic] acclaimed martial artist who has rise [sic] to 
the very top of Chinese martial artist [ sic]. He is one of the most 
renowned competitor, coach and judge in the circle. 
We believe that we translated all documents relevant to [the] case. 
H is impossible to translate word by word for the massive Chinese 
documents. Instead, we translated all the content that related to 
[the petitioner]. which is sufficient to understand his achievements. 
(Emphasis in origina1.) 
Attached to this filing are a copy of the director's January 30. 2012 decision and a copy of a FcdEx 
shipping receipt. 
The regulation at 8 C.F.R. § 103.3(a)( I lev) provides. in pertinent part. the AAO "shall summarily 
dismiss any appeal when the party concerned fails to identify specifically any erroneous conclusion of 
law or statement of fact for the appeal.·' 
In this case, neither the petitioner nor counsel has specifically identified an erroneous conclusion of law 
or statement of fact in the director's January 30, 2012 denial. In fact, neither the petitioner nor counsel 
has asserted the director erred in any way. Instead, on appeal, both the petitioner and counsel, without 
specifically identifying which criteria the petitioner meets, allege in a conclusory manner that the 
petitioner has established his eligibility for the exclusive classification sought, and request a 
Page 3 
reexamination of the petition. Moreover, neither the petitioner nor counsel specifically challenges the 
director's tinal merits determination. The petitioner and counsel's mere statements on appeal that 
the petitioner meets the visa petition eligibility, without specifically identifying or providing support 
establishing any erroneous conclusion of law or statement of fact, does not trigger the AAO to 
conduct a full analysis of all the criteria, or a reexamination of the petition, as suggested by both the 
petitioner and counsel. See Desravines v United States AII:v Gen., No. 08-14861, 343 F. App'x 
433, 435 (11 th Cir. 2(09) (finding that issues not briefed on appeal by a pro se litigant are deemed 
abandoned); Tedder v. F.M.c. Corp., 590 F.2d 115, 117 (5th Cir. 1979) (deeming abandoned an 
issue raised in the statement of issues but not anywhere else in the brief). As the petitioner has failed 
to identify specifically any erroneous conclusion of law or statement of fact for the appeal, the 
appeal must be summarily dismissed, pursuant to the regulation at 8 C.F.R. § 103.3(a)(1)(v).! 
ORDER: The appeal is dismissed. 
[ As the AAO will summarily dismiss the petitioner's appeal, it will not discuss the translation issues raised in counsel's 
Fehruary 15, 2012 letler. Had the AAO considered these jssues, the AAO would have concluded that the translations, at 
least some of them, do not meet the requirements set forth in the regulation at 8 C.F.R. l03.2(b)(3), which provides, 
"(a1n)' uocumcnt containing foreign language suhmitted to [the United States Citizenship and Immigration Servicesl 
shall he accompanied hy a full English language translation which the translator has certified as complete and accurate, 
and by the translator's certification that he or she is competent to translate from the foreign language into English,"