AAO research
EB-1A appeal timeliness — AAO decision FEB022009_02B2203: Motion dismissed as untimely filed. Review source status, procedural posture and the official…
Decision summary: AAO decision FEB022009_02B2203: Motion dismissed as untimely filed. The review record does not provide a normalized explanation of the disposition. Consult the cited source pages.
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: in_scope_eb1a_decision. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | FEB022009_02B2203 |
|---|---|
Decision date as printed | Not stated in normalized review fields |
Classification / field stated in source | Classification not stated in the normalized review fields |
Procedural posture | AAO_posture: The AAO issued its decision on October 25, 2007. The motion was received November 28, 2007, 34 days later, beyond the 33-day deadline. The petitioner presented no argument or evidence that the delay was reasonable or beyond the petitioner’s control; the motion was dismissed as untimely.; citation_pages: 1; 2; classification: Motion to reopen dismissed_as_untimely; director_findings: The Director denied the petition and the AAO had previously affirmed the denial; the present motion decision does not provide criterion-level findings. |
Operative disposition | {'outcome': 'Motion dismissed as untimely filed.', 'basis': 'The AAO received the motion 34 days after its October 25, 2007 decision, outside the 33-day period, and found no basis to excuse the delay.', 'citation_pages': [1, 2]} |
Final-merits status | Not reached |
What the AAO decision addressed
The review record does not provide a normalized explanation of the disposition. Consult the cited source pages.
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 |
How this record may be used in research
Comparison scope: {'fit': 'untimely_motion_to_reopen', 'aggregation_valid': True, 'use': 'Aggregate only with late motion dismissals applying the same timing and excuse framework; keep distinct from untimely appeals.', 'do_not_claim': ['Do not characterize a procedural disposition or remand as a final EB-1A merits determination.', 'Do not infer criterion-level findings from generalized denial language or aggregate counts.', 'Do not represent a remand as petition approval.', 'Do not treat a nonprecedent decision as binding authority.'], 'caveat': 'The AAO ruled on motion timeliness only; this is not an EB-1A criterion or final-merits decision.'}
Page-level source trail
Use the official PDF and the cited physical page numbers to check each statement.
Open the official USCIS decision PDF. Page-specific citations were not available in the normalized row.
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
Untimely research
Remand research
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