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Legal Definition of the Week

Check out our latest edition of Legal Definition of the Week! This week’s legal definition: “Arriving Alien”

**Disclaimer: **Recent efforts have been made by individuals and groups to change the official U.S. Immigration legal term from “alien” to “noncitizen”**

The Department of Justice EOIR Board of Immigration Appeals dismissed Pascacio Gonzalez Jimenez’s Appeal for Cancellation of Removal 

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.  

Costa Rica’s Constitutional Court Mandated the Release of Foreign Migrants Deported from the US 

On June 25., Costa Rica’s Constitutional Court mandated the release of foreign migrants deported from the US. In February of 2025, roughly 200 migrants from Russia, Iran, China, India, Afghanistan and other Asian and African countries were deported from the US under the Trump Administration to a holding shelter called the Temporary Migrant Care Center (CATEM) in Costa Rica. Almost half of the deported people were children.   

According to NBC News, the deported people at CATEM have been forced to share overcrowded sleeping areas with poor air conditioning. It has also reached over 90°F at CATEM, located in one of tropical Costa Rica’s southernmost parts.  

Costa Rica’s courts decided that the detaining of the deported people was unconstitutional since they were not given proper counsel, information about their immigration status or information to request asylum.   

The Guardian has stated that as of June 24., 28 deported people are still being held in CATEM, including 13 children. Others have either accepted repatriation, left CATEM alone or requested asylum in Costa Rica.   

The Costa Rican government has been given half a month to assess each migrant’s immigration status individually and release them. The government has also been ordered to determine what forms of assistance the migrants may need, including education, housing, health care and other services to help them recover after being detained.   

Additional updates from other sources on this ongoing situation can be expected. 

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