dismissed
L-1A
dismissed L-1A Case: Unknown
Decision Summary
The motion to reopen and the subsequent request for its withdrawal were rejected. The decision was purely procedural, based on the finding that the motion was filed by the beneficiary's counsel, while only the petitioner has legal standing to file motions.
Criteria Discussed
Standing To File Motion
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Department of Homeland Security 20 Mass. Ave N.W.. Rm. A3042 Washington, DC 20529 U.S. Citizenship and Immigration - ir File: WAC 98 220 52973 Office: California Service Center Date: ~;jv :, , . ,, .. Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(] 5)(L) of the Immigration and Nationality Act, 8 U.S.C. $ I 10 1 (a)(l5)(L) IN BEHALF OF BENEFICIARY: 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. Robert P. Wiemann, Director Administrative Appeals Office WAC 98 220 52973 Page 2 DISCUSSION: The nonimmigrant visa petition was denied by the director, California Service Center, and the Administrative Appeals Office (AAO) dismissed a subsequent appeal. The matter is now before the AAO on a motion to reopen and reconsider. On July 30,2001, counsel for the beneficiary requested that the motion be withdrawn. The petitioner seeks to classify the beneficiary as a nonimmigrant intracompany transferee pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 3 1101(a)(l5)(L). The director denied the petitioner on October 22, 1998. On November 27, 1998, counsel for the petitioner filed an appeal seeking review of the director's decision. After reviewing the record, the AAO dismissed the appeal on November 10, 1999. Counsel for the beneficiary subsequently filed a motion to reopenlreconsider on December 9, 1999, which was subsequently followed by a request that the motion be withdrawn on July 30, 2001. The "party affected" in visa petition cases is the petitioner, and the beneficiary does not have standing to move to reopen the proceedings. Matter of Dabaase, 16 I&N Dec. 720 (BIA 1979). As the motion to reopen and subsequent request for withdrawal were filed by counsel for the beneficiary, both must be rejected. ORDER: The motion and the request for withdrawal are rejected.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.