Dismissed
EB-2
EB-2 Dismissed — Unknown (2013): the motion to reopen a previously dismissed appeal was
Decision Summary
The motion to reopen a previously dismissed appeal was itself dismissed for procedural reasons. The motion was filed 38 days after the AAO's decision, making it untimely as it was outside the 30-day filing window. Furthermore, the motion failed to include a required statement about whether the validity of the unfavorable decision was the subject of any judicial proceeding.
Criteria Discussed
Timeliness Of Motion To Reopen (8 C.F.R. § 103.5(A)(1)(I)) Procedural Requirements For Motions (8 C.F.R. § 103.5(A)(1)(Iii)(C))
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