dismissed
EB-1A
dismissed EB-1A Case: Unknown
Decision Summary
The appeal was summarily dismissed because the petitioner, on appeal, failed to specifically identify any erroneous conclusion of law or statement of fact in the director's initial denial. As the petitioner did not provide any specific statement or argument regarding the basis of the appeal, it was dismissed for being procedurally deficient.
Criteria Discussed
Failure To Identify Specific Error In Director'S Decision
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DATE: OCT 1 9 2012 IN RE: Petitioner: Beneficiary: Office: TEXAS SERVICE CENTER U.S. Department of Homeland Security U.S. Cilizen~hjr and Immigration Service." Adl11ini"'lralive Appeals Office (AAO) 20 Massachusclh Ave., N.W., MS 2()90 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services FILE: PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ahility Pursuant to Section 203(h)(I)(A) of the Immigration and Nationality Act, H U.S.C ยง IISJ(h)(l)(A) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed plcase find the decision of the Administrative Appeals Office in your casco All of the documents related to this matter have heen returned to the office that originally decided your case. Please be adviscd that any further inq uiry 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 1-29013, Notice of Appeal or Motion, with a fee of $630. The specific requirements for filing such a motion can he found at R CF.R. ยง 103.5. Do not file any motion directly with the AAO. Plcase he aware that H CF.R. ยง 103.5(a)(1)(i) requires any motion to he filed within JO days of the decision that the motion seeks to recollsider or rcopen. Thank you, Perry Rhew Chid, Administrative Appeals Office www.uscis.gov 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)(I)(A) of the Immigration and Nationality Act (the Act), g U.S.c. ยง lI53(b)(l)(A), as an alien of extraordinary ability. The director determined that the petitioner had not established the requisite extraordinary ability and failed to submit extensive documentation of his sustained national or international acclaim. On appeal, counsel fails to specifically address the reasons stated for the denial and to identify any erroneous conclusion of law or statement of fact on the part of the director. Instead, counsel merely states that the petitioner has demonstrated eligibility within the initial proceedings. As stated in the regulation at g C.F.R. ยง 103.3(a)(l)(v), an appeal shall be summarily dismissed if the concerned party fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal. Cf /dy v. Holder, No. 11-1078,2012 WL 975567 (1st Cir. Mar. 23,2012) (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. United States Attorney General, No. Og-14861, 343 F. App'x 433, 435 (lith 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 petitioner does not contest the director's specific findings and offers no substantive basis for the filing of the appeal. As the petitioner failed to provide any specific statement or argument regarding the basis of his appeal, the appeal must be summarily dismissed. ORDER: The appeal is dismissed.
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