In what scenario can a motion be accepted regarding a denial based on an RFE?

A motion can be accepted regarding a denial based on a Request for Evidence (RFE) when the RFE was sent to the wrong address because this situation constitutes a procedural issue that can significantly impact the applicant's ability to respond adequately. If the RFE does not reach the intended recipient, the applicant may not have had the opportunity to submit evidence or information necessary to support their application, leading to an unjust denial. This is particularly important in immigration processes, where proper notification is critical to ensure due process.

In cases where the RFE was not responded to, it's likely that a motion would not be accepted since it indicates a failure on the part of the applicant to engage with the process, which does not typically rise to the level of an acceptable motion. Similarly, if the decision was made too quickly, there would need to be solid evidence of procedural impropriety, but simply being expedited does not necessarily warrant a motion. Lastly, if evidence was already submitted in response to an RFE, it generally implies that the decision was made based on the materials provided; thus, a motion under those circumstances would not typically be justified since it suggests that the application was accurately evaluated based on the information available. Therefore, the scenario involving the RFE being sent