Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Nursing (2024): the motion to reopen was dismissed because the petitioner
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Decision Summary
The motion to reopen was dismissed because the petitioner failed to meet the procedural requirements for an ineffective assistance of counsel claim under the Matter of Lozada framework. The petitioner did not provide a required affidavit, demonstrate that prior counsel was informed of the allegations, or show that a disciplinary complaint was filed. Because the claim for ineffective counsel was not properly established, the new facts presented were not sufficient to reopen the prior decision.
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Motion To Reopen Standards Ineffective Assistance Of Counsel (Lozada Framework) Dhanasar Framework
📄 Original decision (USCIS PDF)
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