If false claim was made on or after September 30, 1996, counsel can try to argue timely and voluntary recantation at the time the false claim was made (i.e. during primary or secondary inspection). See Matter of M-, 9 I&N Dec. 118 (BIA 1960); Matter of R-R-, 3 I&N Dec. 823 (BIA 1949). Counsel should carefully go over the encounter with the client, and review FOIA. Dont assume that all there is in the file for DHS to rely on is the I-213 and sworn statement. There is a little-known internal memo that may have more details of the secondary inspection encounter, and it will not be included in the FOIA request.