dismissed
EB-1A
dismissed EB-1A Case: Research
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to specifically identify any erroneous conclusion of law or statement of fact from the director's decision, as required by regulation. The AAO found that the appeal did not provide any substantive basis or contest any specific findings, thus warranting dismissal.
Criteria Discussed
Failure To Identify Specific Errors In Appeal
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(b)(6)
OCT 2 1 2013,
DATE: Office: TEXAS SERVICE CENTER
INRE : Petitioner:
Beneficiary:
U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
Administrative Appeals Office (AAO)
20 Massachusetts Ave., N.W., MS 2090
Washing ton, DC 20529-2090
U.S. Citizenship
and Immigration
Services
FILE:
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. ยง 1153(b)(l)(A)
ON BEHALF OF PETITIONER:
INSTRUCTIONS:
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case.
This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency
policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to
your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a
motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B)
within 33 days of the date of this decision. Please review the Form I-290B instructions at
http:/Jwww.uscis.gov/forms for the latest information on fee, filing location, and other requirements.
See also 8 C.F.R. ยง 103.5. Do not file a motion directly with the AAO.
Thank you,
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Ron Ro-~enb~rg f:---
Chief, Administrative Appeals Office
www.uscis.gov
(b)(6)
NON-PRECEDENT DECISION
Page 2
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas
Service Center and is now before the Administrative Appeals Office (AAO) on appeal. The appeal
will be dismissed.
The petitioner seeks classification as an employment-based immigrant pursuant to section
203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1153(b)(l)(A), as an alien
of extraordinary ability. In a seven-page decision that addressed the petitioner's prior claims, the
director determined that the petitioner had not established the requisite extraordinary ability and had
not submitted extensive documentation of her sustained national or international acclaim.
On appeal, counsel does not specifically address the reasons stated for the denial and does not
identify any erroneous conclusion of law or statement of fact on the part of the director. Instead,
counsel states that while the director correctly determined that the petitioner meets two of the
necessary three criteria set forth at 8 C.P.R. ยง 204.5(h)(3)(i)-(x), the petitioner also meets a third
unidentified criterion, "if not more." Counsel concludes that the petitioner holds two doctorate
degrees, is an accomplished researcher and teacher, and has risen to the top of her field.
An appeal provides an affected party with the means to identify an erroneous conclusion of law or
statement of fact within a decision. See 8 C.P.R. ยง 103.3(a)(l)(v). In order to review an appeal
where the petitioner does not identify the bases for the appeal, it would be necessary to search
through the record and speculate on what possible errors the petitioner claims. Matter of Valencia,
19 I&N Dec. 354, 355 (BIA 1986).
It is insufficient to assert that the director made an improper determination. Within an appeal, it
should be clear whether the alleged impropriety in the decision lies with the interpretation of the
facts or the application of legal standards. Where a question of law is presented, supporting
authority should be included, and where the dispute is on the facts, there should be a discussion of
the particular details contested. Matter of Valencia, 19 I&N Dec. 354, 355 (BIA 1986). See also
Matter of Keyte, 20 I&N Dec. 158, 159 (BIA 1990) (finding that an appeal should be summarily
dismissed where the applicants have offered only a generalized statement of their reason for the
appeal and have neglected to specify whether the alleged error in the decision lies with the
interpretation of the facts or the application of legal standards). See also Matter of Lozada, 19 I&N
Dec. 637, 639 (BIA 1988) (finding that failure to specify reasons for an appeal is grounds for
summary dismissal under regulations similar to those governing the AAO).
The regulation at 8 C.P.R. ยง 103.3(a)(l)(v) allows the AAO to deal promptly with appeals where the
reasons given for the appeal do not inform the AAO of the particular basis for the claim that the
director's decision
is wrong. Cf. Matter of Valencia, 19 I&N Dec. at 355.
As stated in the regulation at 8 C.P.R. ยง 103.3(a)(l)(v), an appeal shall be summarily dismissed if the
concerned party does not to identify specifically any erroneous conclusion of law or statement of
fact for the appeal. Cf. Idy v. Holder, 674 P.3d 111, 116 (1st Cir. 2012) (where an alien fails to raise
any legal issue regarding the Board of Immigration Appeals denial of an inadmissibility waiver, the
Court of Appeals is deprived of jurisdiction). See also Desravines v. U.S. Atty. Gen., 343 F. App'x
(b)(6)
NON-PRECEDENT DECISION
Page 3
433, 435 (11th Cir. 2009) (finding that issues not briefed on appeal 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). In this instance, the petitioner has not
identified a basis for the appeal. The petitionerdoes not contest the director's specific findings and
offers no substantive basis for the filing of the appeal. As the petitioner did not provide any specific
statement or argument regarding the basis of her appeal, the appeal must be summarily dismissed.
ORDER: The appeal is dismissed. Avoid the mistakes that led to this denial
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