## Facts

- Josue Osmaro Garcia-Ochoa, a citizen of El Salvador, entered the United States in 1998 and later received Temporary Protected Status (TPS), which provided temporary, renewable permission to remain and work.
- TPS did not confer U.S. citizenship or lawful permanent resident (LPR) status.
- On multiple federal Form I-9 Employment Eligibility Verification forms, Garcia-Ochoa falsely indicated that he was a “citizen or national of the United States” or an “LPR,” rather than an “alien authorized to work.”
- At a U.S. Navy worksite, the Navy relied on I-9 information when issuing access badges; the record reflected that broader access could turn on whether a worker held non-temporary status.

## Issues

1. Whether false statements on Form I-9 about being a U.S. citizen or LPR, when the defendant was instead a TPS beneficiary, were “material” for purposes of 18 U.S.C. § 1001.
2. Whether the same misrepresentations were “material” under 18 U.S.C. § 1546(a) when the defendant was otherwise authorized to work.

## Decision

- The Fourth Circuit affirmed the convictions.
- The court held the misrepresentations were material because they had a natural tendency to influence, or were capable of influencing, governmental decisionmaking.
- The defendant’s actual work authorization through TPS did not defeat materiality because the false claims could affect immigration enforcement and security-related determinations.

## Legal Principles

- A statement is material under 18 U.S.C. § 1001 and 18 U.S.C. § 1546(a) if it has a natural tendency to influence, or is capable of influencing, the decision of the relevant decisionmaking body.
- Materiality does not require proof that the agency was actually misled or that the false statement changed the outcome.
- Misrepresenting the type of immigration status on Form I-9 can be material because accurate status classification can influence immigration enforcement actions and collateral governmental decisions (including access determinations at federal facilities).
- A defendant cannot avoid liability by showing that truthful disclosure would have revealed some other lawful basis for employment; the question is the capacity of the actual false statement to influence governmental functions.

## Conclusion

The court affirmed Garcia-Ochoa’s convictions, concluding that false claims of U.S. citizenship or LPR status on I-9 forms were material because they could influence agency action, even though he possessed TPS-based authorization to work.


United States v. Garcia-Ochoa, 607 F.3d 371 (4th Cir. 2010)