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Form I-290B, Notice of Appeal or Motion, can be used for three purposes: [2] To file an appeal with the AAO; To file a motion to reconsider a decision; To file a motion to reopen a decision; The key difference between appeals and motions is that appeals go to the AAO, i.e., a higher authority than the one that made the decision being appealed.
English: The United States Supreme Court did not jurisdiction to hear Citizens United v. the FEC. No court can hear a case if the District Court Clerk filled out the forms, when the attorneys for the case did not an Appearance of Counsel with a Certificate of Service, when the summonses do not bear the seal of the Court, Fraud of the Court occurred, etc.
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
A matter that was voted on could be brought back again through the motion to reconsider.Under Robert's Rules of Order Newly Revised (RONR), this motion must be made within a limited time after the action on the original motion: either on the same day or in the case of a multi-day session (such as a convention), on the next day within the session in which business is conducted.
One example is a motion to rule a defendant is not responding to summons (to rule against the defendant automatically). Another example is a defendant's motion to object to the summons. Motions require both sides to be present. A notice of hearing must be delivered to all parties concerning: the court clerk, the plaintiff, and the defendant ...
In some jurisdictions, such as New York, an "order to show cause" is used routinely to initiate a motion when a traditional "notice of motion" would not be sufficient—for example, when the moving party wishes to vary the usual schedule for considering a motion, or when a temporary restraining order or other provisional remedy is being sought ...