This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
The decision does not describe the underlying proposed endeavor; it addresses only the procedural sufficiency of the Petitioner's fifth combined motion to reopen and reconsider.
How the evidence was treated
- motion resubmission · discounted
“she reasserts her eligibility by citing previous arguments and resubmitting evidence previously included in the record”
AAO decision text
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Notable
This is the fifth combined motion to reopen/reconsider in a long procedural chain (denial, appeal dismissal, four prior combined motions dismissed); the AAO limited review to the immediately prior decision per 8 C.F.R. 103.5(a)(1)(ii) and found the Petitioner merely reasserted prior arguments without new facts or legal error, resulting in dismissal without reaching any substantive NIW prong analysis.
Authorities this decision leans on
From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.
- 8 C.F.R. 103.5(a)(1)(ii)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of Coelho
What this case teaches
Analyst reading of the decision text.
Petitioner's fifth combined motion presented no new facts and failed to identify any legal or factual error in the prior dismissal, merely reasserting previously rejected arguments and evidence.
Motions to reopen/reconsider must supply genuinely new, outcome-relevant evidence or identify a specific legal/factual error; repeating prior arguments guarantees dismissal.
vague
mixed
Cases in adjacent profiles
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- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
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