dismissed EB-1C Case: Management
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Decision Summary
The appeal was dismissed because the original petition was denied as abandoned due to the petitioner's failure to provide a timely response to a Notice of Intent to Deny (NOID). The director properly dismissed the subsequent motion to reopen and reconsider because the petitioner's reasons for the delay did not meet the narrow regulatory criteria for such motions after a denial based on abandonment. The regulations do not grant discretionary authority to excuse an untimely response.
Criteria Discussed
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