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On July 9., 2025, The Department of Justice Executive Office for Immigration Review (EOIR) Board of Immigration Appeals (BIA) released a decision in the case of Pascacio Gonzalez Jimenez.
According to the decision:
“ (1) Use of false or stolen Social Security numbers and providing false information on tax returns are negative considerations that weigh against a favorable exercise of discretion. (2) When a respondent seeks to excuse conduct by claiming to have relied on professional advice, the respondent should submit evidence of the specific advice given and explain why it was reasonable to rely on such advice.”
On December 19., 2024, an Immigration Judge found Jimenez ineligible for cancellation of removal and voluntary departure. The judge cited several factors including a DUI Jimenez had committed, the use of false and stolen Social Security numbers and filing false tax information to show that Jimenez did not demonstrate good moral character.
Jimenez appealed the December decision, claiming that his attorney gave him the false Social Security number, but the appeal was dismissed today, July 9., 2025. The BIA determined that Jimnez’s use of false Social Security numbers and tax information outweigh any possible positive equities he may have (such as his children being US citizens).
The BIA has now stated that using false or stolen Social Security numbers can weigh against someone seeking to cancel their removal. The BIA also emphasized that if someone claims a trusted professional provided or influenced their use of false or stolen Social Security numbers, that they must submit proof of what the trusted professional said and why they relied on it.
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