Dismissed
EB-2
EB-2 Dismissed — Unknown (2010): the appeal was dismissed (rejected) because it was filed
Decision Summary
The appeal was dismissed (rejected) because it was filed one day late. The decision was issued on January 16, 2008, making the appeal due within 33 days, but it was received on the 34th day. The AAO determined the appeal did not meet the requirements to be treated as a motion to reopen or reconsider, so it could not be reviewed on the merits.
Criteria Discussed
Timely Filing Of An Appeal (8 C.F.R. § 103.3(A)(2)(I)) Treating An Untimely Appeal As A Motion (8 C.F.R. § 103.3(A)(2)(V)(B)(2)) Requirements For A Motion To Reopen (8 C.F.R. § 103.5(A)(2)) Requirements For A Motion To Reconsider (8 C.F.R. § 103.5(A)(3))
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