Jimenez

MEMORANDUM *

Jimenez was born in Guanajuato, Mexico, on August 26, 1973. He entered the United States without inspection in September 1989, and has remained in the country since then. He was married in 1992, and is the father of three United States citizen sons. Although he was not authorized to work in this country, Jimenez began working as a dishwasher in San Francisco, in October 1989. He filed a federal income tax return for the first time in 1990, and has filed returns every year since then. Jimenez represents that in order to work and pay taxes, he made up a social security number and used it until 2001, when he secured a valid social security number.

In September 2001, Jimenez was served with a Notice to Appear charging him with being removable as an alien who had not been admitted or paroled into the United States. Jimenez subsequently admitted the factual allegations and conceded the charge of removability. He withdrew his applications for asylum, withholding of removal and protection under Article 3 of the Convention Against Torture. Instead, he applied for cancellation of removal pursuant to § 240A(b) of the Immigration and Nationality Act, 8 U.S.C. §…