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Precedent

Matter of Ho: what this citation means in your RFE

Updated: Author:

Matter of Ho, 19 I&N Dec. 582 (BIA 1988)

One inconsistency lets the officer re-examine the reliability of everything else.

Mentioned in 24 of 183 whole notices (20 distinct cases). Inside individual criterion analyses - 4 of 150 parsed notices, across 3 different desks.

What the decision holds

The 1988 decision: doubt cast on any aspect of the proof calls into question the reliability and sufficiency of the rest. Such doubt is resolved only by independent objective evidence - an explanation alone will not do it.

This is the most expensive citation on the list: it turns one local inaccuracy into a reason to re-read the whole file.

The usual sources are date mismatches between a CV and the letters, different job titles across documents, figures that do not agree between two exhibits.

AAO decisions on uscis.gov

Where it sits in the notice

After the officer has named a specific discrepancy - and usually just before casting doubt on a neighbouring criterion.

Which criteria it appears beside

What to do about it in a response

  • 1Resolve the discrepancy with a document, not a paragraph of explanation: a certificate, an order, a corrected and dated letter.
  • 2Go through the rest of the packet for the same discrepancy elsewhere - it will be found.
  • 3Put dates, titles and figures into one table and file it: that shows the contradictions are gone.

Desks where it appeared

0413 2272

The sample is notices on petitions that already drew an RFE, NOID or denial: 183 full-text files for the "whole notice" count and 150 parsed notices for the "inside a criterion" count. A count shows how often a decision is cited when a petition is challenged, and says nothing about approvals. This is not legal advice; verify the text of the decision against the official source.