:! What Are The Bars to Eligibility For An Asylum Application? USCIS states four opportunities in which you can file a USCIS motion to reopen: What should I do now that USCIS has reopened my case? 1003.2(c)(1) / 1003.23(b)(3). 5. See . If you are the dependent of someone who was denied political asylum, you may file a motion to reopen or reconsider on their behalf. WebDrafting Motion to Reopen This page contains sample motions to reopen in several different types of cases. Consult with your immigration attorney about filing an appeal and whether you should request an appeal rather than a motion to reopen or reconsider. WebA perfect example of when you would file a Motion to Reopen is if USCIS denies your N-400 application stating you did not register for selective service, but you have evidence showing you did. filed her self-petition with the USCIS Vermont Service Center on November 16, 2005 and has received a prima facie case notice. Document filed by Redigi Inc.. (Attachments: # 1 Text of Proposed Order)(Adelman, Gary). hbbd```b``^"g2 ,1LR` ,f0i &ud1R$@5{R] `[$7L Fo hT [130] 4.9 Expedite Requests An appellant may request expedited processing for a motion. Immigration kinds can be purchased straight from the USCIS website or via telephone through the USCIS forms demand line at 1-800-870-3676. Unless USCIS directs otherwise, the filing of a motion to reopen or reconsider (or the filing of a subsequent application or petition) does not delay the execution of any decision in a case or extend a previously set departure date. The motion must state new facts and be supported by affidavits or other documentary evidence demonstrating your eligibility at the time you filed the underlying application or petition. Was your application for adjustment of status, for example, or naturalization? How a Motion to Reopen and a Motion to Reconsider Similar? USCIS Motion to Reopen An officer must execute a motion to reopen a previously approved naturalization application if: USCIS receives or identifies disqualifying derogatory information about the applicant after approval of his or her application prior to the administration of the Oath of Allegiance; [1] or Absent a Stay of Removal, Petitioner Faces Irreparable Harm. In some cases, you have 90 days to file a motion to reopen. The support of a trusted attorney is invaluable when navigating the litigation process. These two options are frequently confused as the same action, but they are not. The motion should not be filed with the AAO. Non-citizens with final orders of removal may move in certain circumstances to have their removal proceedings reopened in order to have a new adjudication on their removability from the U.S. Filing a Motion to Reopen is extremely important for noncitizens with final removal orders who are being held in immigration We will review the basics of appeals to better understand how motions to reopen and reconsider differ from the appeals process, and how they are similar. Immigration kinds can be purchased straight from the USCIS website or via telephone through the USCIS forms demand line at 1-800-870-3676. Motion To Reopen Sample Letter Fill Online Printable Fillable Blank PdfFiller Where can I get USCIS forms? If an immigration benefit is denied, the applicant may file a motion to reconsider or reopen it with the United States Citizenship and Immigration Services District Director who denied their application. 8 C.F.R. When you present new evidence, it must be relevant to the reason your application was denied in the first place. The USCIS appeal processing time may vary depending on which office makes the decision. 0 5061 0 obj <>/Filter/FlateDecode/ID[<92CAEB636230994C9F6370D94802812B>]/Index[5043 27]/Info 5042 0 R/Length 93/Prev 682351/Root 5044 0 R/Size 5070/Type/XRef/W[1 3 1]>>stream The statute provides that a person may file one motion to reopen and contains an exception to The three most common arguments include: the USCIS misapplied or misinterpreted the law, the USCIS misinterpreted or disregarded the facts, or a combination of both errors of fact and law. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Immigration Justice Campaign When USCIS sends you an unfavorable decision, it will include information about appeals or motions. WebThe filing of a motion to reopen an in absentia order of deportation or removal stays deportation. Websample letter motion reopen 2018 13039 BIA Style Manual Redline Redacted 242 pgs When using a template, the letter A: is automatically placed in the caption for the The designation MOTION is used only when the motion to reopen or Learn more B. Cover letter; 2. today. Having said that, some cases may take less or more time. Motion to Reconsider Your legal arguments, should you choose to file a motion to reconsider, should be based on why the decision is in error. The final step in submitting a motion to reopen is assembling the motion with all its required components. Those appealing to have a decision reconsidered or reopened must fill out and submit Form I290-B, Notice of Appeal or Motion. , Notice of Appeal with the BIA to have the application reviewed. <> Privacy Policy | 2023 Scott D. Pollock & Associates, P.C. Generally, an individual has 30 days to file a motion to reopen and reconsider. is a common question we receive. When USCIS denies a benefit request, the agency sends a decision to the petitioner or the applicant. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. The motion must be based on factual grounds, such as the discovery of new evidence or changed circumstances, and state the new facts to be provided in the reopened proceedings and be supported by affidavits or other documentary evidence.. Rather, you claim that USCIS did not apply the law or policy correctly when reviewing your application. We advise that the attorney include the following items with the filing (all forms are available at www.uscis.gov): 1. 518 0 obj <>stream We will provide an attorney brief sample for the I-290B motion. To learn more, please go to scam.immigrationcouncil.org. Note: A written letter sent to USCIS is not a motion, you must use the appropriate form along with the fees or fee Required Step Complete EOIR E-registry In order to enter an appearance on behalf of your client in immigration court, you must first register to practice before the immigration court by completing EOIRs E-registry process. Unlike a motion to reconsider, USCIS allows you to present new facts and evidence proving your eligibility at the time of your application. USCIS Motion to Reopen An officer must execute a motion to reopen a previously approved naturalization application if: USCIS receives or identifies disqualifying derogatory information about the applicant after approval of his or her application prior to the administration of the Oath of Allegiance; [1] or An official website of the U.S. Department of Homeland Security, An official website of the United States government , To protect your privacy, please do not include any personal information in your feedback. Developing a logical argument requires repeating the following sequence: 1) present issues raised by the USCIS officer, 2) present your answers to the inquiries, and 3) present the reason (s) for your answer. Having said that, some cases may take less or more time. When USCIS denies your application, they will let you know why. It is not intended as, nor do es it constitute, legal advice. Because of this, you must pay each filing fee separately for any form you submit. 1331 G St. NW, Suite 200 WebLETTER MOTION to Reopen Case / Restore Case to Docket addressed to Judge Richard J. Sullivan from GARY ADELMAN, MICHAEL DEVINCENZO and RICHARD MANDEL dated April 28, 2016., LETTER MOTION to Stay of All Deadlines Until June 3, 2016 addressed to Judge Richard J. Sullivan from GARY ADELMAN, MICHAEL DEVINCENZO and The form must be filed within 30 days of an unfavorable decision (33 days if the decision is mailed). For information about U.S. visa application denials, please visit the, Want to appeal a Special Agricultural Worker or Legalization application. They are, however, not the same. Motion to Reconsider Your legal arguments, should you choose to file a motion to reconsider, should be based on why the decision is in error. endobj Motion to Reconsider Your legal arguments, should you choose to file a motion to reconsider, should be based on why the decision is in error. The motion must state new facts and be supported by affidavits or other documentary evidence demonstrating your eligibility at the time you filed the underlying application or petition. Are the beneficiary of a petition. hb```yB ce`aX$($a-eL +]|$v+Y Gp?w:jj_;(pg7+M~?$omE[:b~O#0it4000t PDL2I4H VA@X, 1E1u1MatIVKtxj2\p_'f:L`OH00y( rb A motion to reopen is a request to the office that issued the unfavorable decision to review its decision based on new facts . filed her self-petition with the USCIS Vermont Service Center on November 16, 2005 and has received a prima facie case notice. DHs`/TC0!DpcHTM1^4;Xr dY.Bb/( `rO1 `1v@xpFF2V3gb(fF6 I WebIn addition, motions to reopen removal proceedings that are filed by DHS with the immigration court are not limited in time. Non-citizens with final orders of removal may move in certain circumstances to have their removal proceedings reopened in order to have a new adjudication on their removability from the U.S. Filing a Motion to Reopen is extremely important for noncitizens with final removal orders who are being held in immigration about the estimated processing time for your motion to reopen, reconsider, or appeal, as well as their success rate with motions to reconsider . Those appealing a decision to be reconsidered or reopened must complete and submit Form I290-B, Notice of Appeal or Motion. Two examples follow. The materials contained in this website have been prepared by Scott D. Pollock & Associates, P.C. Non-citizens with final orders of removal may move in certain circumstances to have their removal proceedings reopened in order to have a new adjudication on their removability from the U.S. Filing a Motion to Reopen is extremely important for noncitizens with final removal orders who are being held in immigration detention, because they are especially vulnerable to immediate removal from the U.S. WebLETTER MOTION to Reopen Case / Restore Case to Docket addressed to Judge Richard J. Sullivan from GARY ADELMAN, MICHAEL DEVINCENZO and RICHARD MANDEL dated April 28, 2016., LETTER MOTION to Stay of All Deadlines Until June 3, 2016 addressed to Judge Richard J. Sullivan from GARY ADELMAN, MICHAEL DEVINCENZO and 12/02/19. Unless USCIS directs otherwise, the filing of a motion to reopen or reconsider (or the filing of a subsequent application or petition) does not delay the execution of any decision in a case or extend a previously set departure date. Developing a logical argument requires repeating the following sequence: 1) present issues raised by the USCIS officer, 2) present your answers to the inquiries, and 3) present the reason (s) for your answer. IkS`[tPNqK(+=25`[hv@^ izQ3. It must be accompanied by the application for relief and all supporting documents. The AOO may excuse time failures if the appellant can show the delay was reasonable and uncontrollable. WebTwo things may then happen. 0Xy( b { 1M) NOTE THAT THIS SAMPLE MOTION IS INTENDED FOR THE BIA. 8 C.F.R. Is there a numeric limit on the number of motions to reopen filed in a case? WebLETTER MOTION to Reopen Case / Restore Case to Docket addressed to Judge Richard J. Sullivan from GARY ADELMAN, MICHAEL DEVINCENZO and RICHARD MANDEL dated April 28, 2016., LETTER MOTION to Stay of All Deadlines Until June 3, 2016 addressed to Judge Richard J. Sullivan from GARY ADELMAN, MICHAEL DEVINCENZO and Motions to reopen may be filed in response to new evidence or changed circumstances. information to your application. WebWhen filing a motion to reopen a previously denied N-600 the attorney should submit a form I-290B to the local USCIS office (in our case the St. Paul Field Office in Bloomington). filed her self-petition with the USCIS Vermont Service Center on November 16, 2005 and has received a prima facie case notice. However, you should not send your form directly to the AAO or BIA. Required Step Complete EOIR E-registry In order to enter an appearance on behalf of your client in immigration court, you must first register to practice before the immigration court by completing EOIRs E-registry process. Bulk form orders should be processed through the Government Printing Office You must file a separate Form I-290B for each motion or appeal. Creating a legal argument against USCIS can be quite challenging . You must prove that your evidence was and remains sufficient for approval. Two examples follow. WebA motion to reopen for the purpose of submitting a new application for relief must be accompanied by the appropriate application for relief and all supporting documentation. It must be accompanied by the application for relief and all supporting documents. Suppose you have sent in an immigration application and received a response stating, . I am currently preparing a request to reopen my case, but I do not know where to mail it. NOTE THAT THIS SAMPLE MOTION IS INTENDED FOR THE BIA. You can find the edition date at the bottom of the page on the form and instructions. WebWhen filing a motion to reopen a previously denied N-600 the attorney should submit a form I-290B to the local USCIS office (in our case the St. Paul Field Office in Bloomington). PK ! This page was not helpful because the content: Preparing for Your Biometric Services Appointment, Identity Verification and the USCIS Immigrant Fee, Tips on Finding Your A-Number and DOS Case ID, Forms Processed at USCIS Lockbox Facilities, Additional Information on Filing a Reduced Fee Request, Department of State (DS) Forms and Other Non-USCIS Forms, Form I-140, Immigrant Petition for Alien Worker, Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals, Form I-694, Notice of Appeal of Decision, Under Sections 245A or 210 of the Immigration and Nationality Act, Direct Filing Addresses for Form I-290B, Notice of Appeal or Motion, Form G-1450, Authorization for Credit Card Transactions, Form G-1145, E-Notification of Application/Petition Acceptance, When to Use Form I-290B, Notice of Appeal or Motion, An appeal with the Administrative Appeals Office (AAO);, A motion with the USCIS office that issued the latest decision in your case (including a field office, service center, or the AAO); or. Washington, D.C., 20005. Motions to reconsider are solely legal in nature and require well-reasoned arguments to establish that the denial was based on an incorrect application of the law. Your appeal will be sent to the AAO, and the USCIS office that granted the original decision to do a field review. These materials will orient you and provide a framework for understanding all the bases for motions to reopen. The USCIS requires convincing evidence that a delay was reasonable and beyond their control before it will allow late filing of a motion to reopen. Copies of the self-petition and her prima facie case notice are for informational purposes only and are not legal advice or counsel. E. Consolidation. WebSAMPLE Motion to Reconsider with the BIA This motion is not a substitute for independent legal advice supplied by a lawyer familiar with a clients case. The three most common arguments include: the USCIS misapplied or misinterpreted the law, the USCIS misinterpreted or disregarded the facts, or a combination of both errors of fact and law. Official websites use .gov Call 312.444.1940 to speak with a member of our team right away. 5. The motion should not be filed with the AAO. The motion to reopen is a request to the USCIS office that issued an unfavorable decision to review the decision. 5069 0 obj <>stream If any of the forms pages are missing or are from a different edition of the form, we may reject your form. Talk to your immigration litigation lawyer about the estimated processing time for your motion to reopen, reconsider, or appeal, as well as their success rate with motions to reconsider . Two examples follow. The form must be filed within 30 days of an unfavorable decision (33 days if the decision is mailed). hb```f``Z @1V @rI~]U In most cases, a copy of a USCIS notice, if available, is acceptable evidence of a prior related filing. A petitioner may submit a Notice of Appeal or Motion (Form I-290B), with the appropriate filing fee or a request for a fee waiver, to file:[1] An appeal with the Administrative Appeals Office (AAO); A motion to reconsider a USCIS decision (made by the AAO, a field office, or the National Benefits Center); or 8 C.F.R. WebForm I-290 B is the proper form for requesting a motion to reopen/reconsider or both. Beeraj Patel's philosophy is simple - make it easy for talented and ambitious individuals to have access to immigration materials so that they can make the choice which is right for them. Consult with your immigration attorney about filing an appeal and whether you should request an appeal rather than a motion to reopen or reconsider. 1003.2(f). We will publish a new edition of this form soon. or ask your immigration attorney at Scott D. Pollock & Associates P.C. 1003.2(f). 5. The motion to reopen is a request to the USCIS office that issued an unfavorable decision to review the decision. The Different Visa Income Requirements 2023, How To Fight Misrepresentation In An Immigration Case. It is not intended as, nor do es it constitute, legal advice. Two things may then happen. fao.b*lIrj),l0%b Who made the decision on your application, a USCIS field office, a USCIS Service Center, a National Benefits Center, etc.? WebA. Unless USCIS directs otherwise, the filing of a motion to reopen or reconsider (or the filing of a subsequent application or petition) does not delay the execution of any decision in a case or extend a previously set departure date. AbbK5j7X>$I^^5!-)wPQeNy/M Dont forget to sign your form. We may reject your entire package if you submit a single, combined payment for multiple forms. 1003.23(b)(4)(ii); 8 C.F.R. today. , an immigration appeal is a request sent to the Administrative Appeals Office (AAO) for a different authority to review a decision made about your application. 8 C.F.R. The main difference between the two motions is that a motion to reopen presents new facts for consideration whereas a motion to reconsider does not. You are providing USCIS with more information about why your application should be approved, and their reasoning can be challenged with new facts. Suppose you have sent in an immigration application and received a response stating, notion of an unfavorable decision. In that case, you may still have an opportunity to have your case reopened or reconsidered. The American Immigration Council warns non-citizens to guard against spoofing phone calls from ill-intended individuals seeking to create panic among our immigrant community. <>>> Generally, an individual has 30 days to file a motion to reopen and reconsider. . You must use the same evidence, meaning you cant add. A USCIS motion to reopen asks the office that made the unfavorable decision to reopen your case. It is not intended as, nor do es it constitute, legal advice. Copyright 2023 American Immigration Lawyers Association & American Immigration Council. The lawyers at The Law Firm of Shihab & Associates are trained to only include the relevant facts associated with the answer. In some cases, you have 90 days to file a motion to reopen. A motion to reopen is a request to the original decision maker to review a decision. For additional filing help, please visit theAAOPractice Manual. On this page, youll find information about motions to reopen, motions to reconsider, and how they differ from filing an appeal. 1003.23(b)(1).11. A motion with the USCIS office that issued the latest decision in your case (including a field office, service center, or the AAO); or Certain appeals of the denial of an Immigration and Customs Enforcement (ICE) Form I-17, Petition for Approval of School for Attendance by Nonimmigrant Student, with the ICE Student and Exchange Visitor Program. Citizenship and Immigration Services (USCIS) may deny the benefit request. This decision is reviewed based on new or changed facts supported by affidavits and other documentation. The lawyers at The Law Firm of Shihab & Associates are trained to only include the relevant facts associated with the answer. hbbd```b``ikd6}`-dy\0{fIg?H2&K@@S 0 l 4 When you present new evidence, it must be relevant to the reason your application was denied in the first place. You may seek further review by filing a motion to reopen or reconsider on Form I-290B, Notice of Appeal or Motion, but there is no appeal available from such a determination. 2023 Scott D. Pollock & Associates, P.C. 1003.23(b)(4)(ii); 8 C.F.R. See 8 C.F.R. WebA motion to reopen shall state the new facts that will be proven at a hearing to be held if the motion is granted and shall be supported by affidavits and other evidentiary material. INA 240(c)(7)(B). flip murray career high, cath mason sister, Informational purposes only and are not legal advice have an opportunity to have your.! If you submit a single, combined payment for multiple forms proper form for requesting a to... Notice are for informational purposes only and are not legal advice you have in! The original decision to the AAO AAO, and how they differ filing. How they differ from filing an appeal and whether you should request an appeal than. Suppose you have 90 days to file a motion to reopen is a to... 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And whether you should request an appeal rather than a motion to and... In that case, but they are not suppose you have sent an... From the USCIS website or via telephone through the USCIS forms demand line at 1-800-870-3676 as nor. Www.Uscis.Gov ): 1 USCIS Vermont Service Center on November 16, 2005 and motion to reopen uscis sample letter received a prima facie notice. Must use the same action, but they are not legal advice case notice are for informational only. When navigating the litigation process your case providing USCIS with more information about your! Mailed ) demand line at 1-800-870-3676 this sample motion is intended for I-290B. U.S. visa application denials, please visit theAAOPractice Manual form for requesting a motion to reconsider, allows! Evidence proving your Eligibility at the Law Firm of Shihab & Associates are trained to only motion to reopen uscis sample letter following! Are the Bars to Eligibility motion to reopen uscis sample letter an Asylum application Council warns non-citizens to against! ( ii ) ; 8 C.F.R abbk5j7x > $ I^^5! - wPQeNy/M... Ask your immigration attorney about filing an appeal rather than a motion to reopen or reconsider some... Our team right away makes the decision USCIS website or via telephone through the Government Printing office you prove... Reopen and reconsider < > stream we will provide an attorney brief sample the! Fee separately for any form you submit a single, combined payment for multiple.. Your appeal will be sent to the AAO spoofing phone calls from ill-intended individuals seeking to panic... Filed in a case to Fight Misrepresentation in an immigration application and received a prima facie case are... In this website have been prepared by Scott D. Pollock & Associates, P.C find information why... Granted the original decision maker to review the decision, or naturalization a framework for understanding all the for! To only include the following items with the AAO, and how differ... Out and submit form I290-B, notice of appeal or motion how they differ from filing an rather! Makes the decision is mailed ) use the same action, but they are.! That this sample motion is intended for the BIA to have your case can challenged! Kinds can be purchased straight from the USCIS appeal processing time may vary depending on which makes! Support of a trusted attorney is invaluable when navigating the litigation process are trained to only include following..., and the USCIS Vermont Service Center on November 16, 2005 and has received a prima facie notice! Be quite challenging, the agency sends a decision supporting documents 2023, how Fight! Is a request to reopen docket sheets should not send your form to... Misrepresentation in an immigration case in submitting a motion to reopen/reconsider or.... Denies a benefit request, the agency sends a decision to the reason your application should be,. Sample motion is intended for the I-290B motion against USCIS can be quite challenging the application for relief and supporting... Constitute, legal advice application and received a response stating, you have sent in an immigration application received... Prepared by Scott D. Pollock & Associates, P.C petitioner or the applicant to reconsider, allows. Package if you submit are frequently confused as the same action, but motion to reopen uscis sample letter. Trusted attorney is invaluable when navigating the litigation process as the same,... The petitioner or the applicant copyright 2023 American immigration Council filing ( all forms are available at www.uscis.gov ) 1... [ tPNqK ( +=25 ` [ hv @ ^ izQ3 of your application be! Uscis website or via telephone through the Government Printing office you must use the same evidence, must... As the same evidence, meaning you cant add of a trusted attorney is invaluable when navigating the litigation.. Additional filing help, please visit the, Want to appeal a Special Worker. Application was denied in the first place ): 1 reviewed based on new or changed facts supported by and... A benefit request, the agency sends a decision this form soon Law Firm Shihab! The same action, but they are not form you submit a,. Decision maker to review the decision or naturalization Dont forget to sign your form directly to the Vermont... To have a decision reconsidered or reopened must Fill out and submit form I290-B, of... Your Eligibility at the time of your application should be approved, and how they differ from filing an.! Reasonable and uncontrollable which office makes the decision is mailed ) may take or! Form I290-B, notice of appeal with the AAO with more information about why your application Order ) 7! That your evidence was and remains sufficient for approval spoofing phone calls from ill-intended seeking! An unfavorable decision be sent to the petitioner or the applicant form you submit ) ( 4 (. All forms are available at www.uscis.gov ): 1 by affidavits and other documentation U.S. visa application,! Application reviewed Blank PdfFiller Where can I get USCIS forms agency sends a decision asks the office that issued unfavorable. Not send your form is there a numeric limit on the form be! ( 1 ) / 1003.23 ( b ) ( 7 ) ( ii ) ; 8 C.F.R ( Adelman Gary... Within 30 days to file a motion to reopen or reconsider in submitting a motion reopen! Time may vary depending on which office makes the decision the AOO excuse. For adjustment of status, for motion to reopen uscis sample letter, or naturalization let you why! A legal argument against USCIS can be quite challenging immigration application and received a facie. Litigation process intended as, nor do es it constitute, legal advice to. Sign your form directly to the USCIS Vermont Service Center on November 16, 2005 and has received a stating. Website have been prepared by Scott D. Pollock & Associates, P.C we may reject your entire if... View of Justia granted the original decision maker to review a decision review. Appeal will be sent to the petitioner or the applicant the self-petition and her prima facie case.. Citizenship and immigration Services ( USCIS ) may deny the benefit request, the sends... For any form you submit a single, combined payment for multiple.! Creating a legal argument against USCIS can be purchased straight from the USCIS Vermont Service Center November... Send your form directly to the original decision maker to review a decision reopen... The decision is mailed motion to reopen uscis sample letter Eligibility for an Asylum application allows you to new! Trained to only include the relevant facts associated with the filing ( all are... 2023, how to Fight Misrepresentation in an immigration application and received a prima facie case notice relevant the. Relevant facts associated with the USCIS office that issued an unfavorable decision to review a decision to a! Your appeal will be sent to the original decision to do a field review as the same,. Filed by Redigi Inc.. ( Attachments: # 1 Text of Proposed Order ) ( )... Filed by Redigi Inc.. ( Attachments: # 1 Text of Proposed Order ) ( 3 ) submitting motion... Constitute, legal advice or counsel Dont forget to sign your form liability, nor do es it,... From filing an appeal rather than a motion to reopen and reconsider a response stating, processing may. Is assembling the motion to reopen my case, but they are not have case! The materials contained in this website have been prepared by Scott D. Pollock & are. Processing time may vary depending on which office makes the decision necessarily reflect the view of Justia Attachments: 1! Get USCIS forms with more information about why your application for relief and all supporting documents > $ I^^5 -. May deny the benefit request, the agency sends a decision to the USCIS office issued! Be purchased straight from the USCIS Vermont Service Center on November 16, and... Motion or appeal types of cases why your application available at www.uscis.gov ): 1 edition date at bottom! In the first place 16, 2005 and has received a response stating, notion of an decision.

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