remanded
O-1B
remanded O-1B Case: Art
Decision Summary
The appeal was remanded because the petitioner successfully established a claim of ineffective assistance of counsel, meeting the procedural requirements set forth in Matter of Lozada. The AAO found that the director's decision to grant the motion to reopen only to then deny the petition as fraudulently filed was improper and not legally supported. The case was sent back to the service center with instructions to reopen the matter and reissue the original Request for Evidence.
Criteria Discussed
Abandonment Motion To Reopen Ineffective Assistance Of Counsel
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