![]() ![]() The requested evidence was not material to the decision.(b) Abandoned AppealsĪ motion to reopen an appeal that the AAO dismissed due to abandonment must establish that the decision was in error because: For more information about rejections of appeals, see Chapter 3.14(d). When the AAO rejects an appeal, the appeal does not retain a filing date and there is no merits-based decision for the AAO to review. The AAO will deny a motion to reopen or reconsider its rejection of an appeal. 4.5 Limitations on the Ability to File a Motion (a) Rejected Appeals The AAO will consider each motion independently. The AAO may grant both motions, grant one motion but deny the other, or deny both motions. 4.4 Combined Motions to Reopen and ReconsiderĪppellants may file a combined motion to reopen and reconsider. The AAO will not consider new facts or evidence in a motion to reconsider.Ī motion to reconsider must be supported by a pertinent precedent or adopted decision, statutory or regulatory provision, or statement of USCIS or Department of Homeland Security policy. Citing to an authority that is not relevant to the issues raised on motion will not meet the eligibility requirements of a motion to reconsider. 4.3 Motions to ReconsiderĪ motion to reconsider must establish that the AAO based its decision on an incorrect application of law or policy, and that the decision was incorrect based on the evidence in the record of proceedings at the time of the decision. ![]() See Chapter 3.8(b) for more information about requirements for documentary evidence. Resubmitting previously provided evidence or reasserting previously stated facts will not meet the requirements of a motion to reopen. 4.2 Motions to ReopenĪ motion to reopen must state new facts and be supported by documentary evidence. The regulations for motions to reopen and motions to reconsider are located at 8 C.F.R. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision. Citizenship and Immigration Services (USCIS) field office has jurisdiction over motions relating to its decisions, and the AAO has jurisdiction over motions relating to its decisions.Ī motion to reopen is based on documentary evidence of new facts. Unlike appeals, which ask a different authority to review and reverse a decision, motions request a review by the authority that issued the latest decision in the proceeding. The AAO may also reopen a proceeding or reconsider one of its prior decisions on its own motion. If the Administrative Appeals Office (AAO) issues an unfavorable decision, the appellant may file a motion to reopen the proceeding, a motion to reconsider the decision, or a combined motion to reopen and reconsider. 4.1 Motions to Reopen and Reconsider Generally ![]()
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