AAO research
EB-1A appeal timeliness — AAO decision APR062009_03B2203: Motion dismissed. Review source status, procedural posture and the official USCIS PDF.
Decision summary: AAO decision APR062009_03B2203: Motion dismissed. Motion was filed beyond the 30-day period and no basis to excuse lateness was shown; the motion also did not establish reconsideration grounds. Prior decision found alleged Newsweek cover was not authentic and explanation lacked credibility.
Source reviewed: This page summarizes the specific AAO source and posture recorded in the completed source-review tracker. It does not turn a nonprecedent decision into a general rule.
Scope classification from review: EB-1A-related motion; merits of criteria not reached.. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | APR062009_03B2203 |
|---|---|
Decision date as printed | April 6, 2009 |
Classification / field stated in source | EB-1A motion to reconsider; dismissed as untimely and insufficient |
Procedural posture | Motion challenged a prior AAO dismissal involving a purported Newsweek cover and fraud/authenticity findings. Filed approximately 50 days after August 7, 2006 decision; initial motion gave no arguments/evidence; later brief disputed the prior image finding. |
Operative disposition | Motion dismissed. |
Final-merits status | Not reached by AAO in this procedural disposition; any underlying director findings are recited rather than re-adjudicated. |
What the AAO decision addressed
Motion was filed beyond the 30-day period and no basis to excuse lateness was shown; the motion also did not establish reconsideration grounds. Prior decision found alleged Newsweek cover was not authentic and explanation lacked credibility.
Criterion-by-criterion status in this source
These labels reproduce the source-review record. “Not considered,” “not reached,” and “not coded” do not mean the criterion failed. A Director finding recited as background is not an AAO holding unless the decision says so.
Criterion | Source-review status |
|---|---|
Awards | Not reached — source PDF |
Membership | Not reached — source PDF |
Published material about the person | Not reached — source PDF |
Judging the work of others | Not reached — source PDF |
Original contributions of major significance | Not reached — source PDF |
Scholarly authorship | Not reached — source PDF |
Artistic display or showcases | Not coded — source PDF |
Leading or critical role | Not reached — source PDF |
High salary or remuneration | Not reached — source PDF |
Commercial success in the performing arts | Not reached — source PDF |
Source-cited findings recorded in review
claim: Decision cover is dated April 6, 2009 and identifies extraordinary-ability petition.; pages: 1
claim: AAO describes a motion filed September 26, 2006, approximately 50 days after its August 7, 2006 decision; initial motion contained no evidence or arguments.; pages: 2
claim: Later brief challenged a prior finding about an alleged Newsweek cover; earlier record described FujiFilm photo paper, tilted/undated image, and no corroborating article; motion dismissed.; pages: 3
How this record may be used in research
Comparison scope: Procedural-only; exclude from criterion/outcome aggregation.
Page-level source trail
Use the official PDF and the cited physical page numbers to check each statement.
How to use this record
This is a historical, nonprecedent AAO decision about its own administrative record. It is not a prediction, success rate, or current filing instruction. Compare the issue and procedural stage before drawing an analogy. The current framework is in the USCIS Policy Manual, Volume 6, Part F, Chapter 2.
Related corpus research
Full-corpus research index
Published material about the person research
Leading or critical role research
Untimely research
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