sustained
EB-1C
sustained EB-1C Case: Multinational Executive Or Manager
Decision Summary
The decision sustains a motion to reopen and withdraws a prior AAO decision from December 21, 2005. This action was taken to correct a clerical error after the petitioner's counsel confirmed that a previous motion had been filed in this case by mistake.
Criteria Discussed
Motion To Reopen 8 C.F.R. ยง 103.5(A)(5)
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identifying data deleted to prevent clearly unwarranted invasion of personal privacy U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3042 Washington, DC 20529 U. S. Citizenship and Immigration f'UBLIC COPY 44 Office: TEXAS SERVICE CENTER Date: MAY 1 0 2006 SRC 03 026 50612 PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to Section 203(b)(l)(C) of the Immigration and Nationality Act, 8 U.S.C. 8 1153(b)(l)(C) 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. 7 Robert P. Wiemann, Chief Administrative Appeals Office Page 2 DISCUSSION: The instant matter is before the Administrative Appeals Office (AAO) on Citizenship and Immigration Services' (CIS) motion to reopen. In a prior unrelated proceeding (A97 260 619, SRC 04 016 51235), the petitioner's counsel mistakenly referenced the instant A-number on the Form I-290B, Notice of Appeal. Consequently, the AAO considered counsel's request to reopen or reconsider the instant matter and dismissed the motion. The record now contains a December 9, 2005 letter from counsel acknowledging her clerical error, and confirming that she did not intend to file a motion to reopen or reconsider the AAO's January 1 1, 2005 decision in this matter. Pursuant to the regulation at 8 C.F.R. $ 103.5(a)(5), the AAO will reopen the matter and withdraw its prior decision. The regulation at 8 C.F.R. $ 103.5(a)(5)(i) states: When a [CIS] officer, on his or her own motion, reopens a [CIS] proceeding or reconsiders a [CIS] decision in order to make a new decision favorable to the affected party, the [CIS] officer shall combine the motion and the favorable decision in one action. Upon its motion to reopen, the AAO will withdraw its prior December 2 1,2005 decision. ORDER: The AAO's December 2 1,2005 decision is withdrawn.
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