A Stockton, Calif. man believes his former status as an illegal immigrant, who operated under a fake Social Security number, should not have been held against him when he applied to become a correctional officer for the State of California.

Monday, the Legal Aid Society – Employment Law Center (LAS-ELC) filed suit in U.S. District Court in San Francisco on behalf of Victor Guerrero, 34, against the California Department of Corrections and Rehabilitation (CDCR) — which twice rejected Guerrero’s application to become a corrections officer due to his prior use of an invalid SSN — and the State Personnel Board (SPB), which upheld he denial.

LAS-ELC says Guerrero — who came to the United States illegally from Mexico at age 11 with his parents and obtained an invalid SSN at age 15 — did not know his SSN was fake until he was 17.

The law firm further claims that upon learning his SSN was fake, Guerrero obtained a individual tax identification number to pay his taxes and stopped using the fake SSN when he finally obtained his own real one. Prior to his legalization, Guerrero worked in a variety of service industry jobs.

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