Professional Advice Defense Requires Clear, Specific Evidence, BIA Rules
On July 9, 2025, in Matter of Gonzalez Jimenez, the BIA held that the use of a false or stolen Social Security numbers (SSNs) and filing false tax returns are negative discretionary factors. The Social Security Number, being a crucial piece of identification, should always be protected from misuse.
The BIA further held that 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. Additionally, on July 8, 2025, the Attorney General designated the BIA’s June 16, 2025, decision in Matter of S–S– as precedent.
