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 question of whether a prior (fifth) motion to reopen was timely filed.
How the evidence was treated
- motion resubmission · discounted
“the Petitioner did not submit evidence to corroborate his claims that his fifth motion filing was erroneously rejected”
AAO decision text
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Notable
This is the sixth motion to reopen in a long procedural history (denial, combined motions, appeal, remand, further dismissals, three prior motions dismissed as untimely). The AAO does not reach the merits of the NIW eligibility or any Dhanasar prong; it dismisses solely because the Petitioner failed to corroborate a claim that USCIS Lockbox erroneously rejected his fifth motion filing, and because the record of the prior (untimely) motion itself lacked the alleged rejected filing.
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)(i)
- 8 C.F.R. 103.5(a)(1)(ii)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(4)
- Matter of Coelho
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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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