MEDINA v. GONZALES

Docket No. 02-4896.

404 F.3d 628 (2005)

Teresa M. MEDINA, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: April 14, 2005.


Attorney(s) appearing for the Case

Appearing for Petitioner: Stanley H. Wallenstein (Alan Michael Strauss, of counsel), Law Office of Stanley H. Wallenstein, New York, NY.

Appearing for Respondent: Andrew M. McNeela, Assistant United States Attorney (James L. Cott, Assistant United States Attorney, of counsel) for David N. Kelley, United States Attorney for the Southern District of New York.

Before: LEVAL, CABRANES, KATZMANN, Circuit Judges.


KATZMANN, Circuit Judge.

The central question presented by this petition is whether false oral statements made under oath during an asylum interview can constitute "false testimony" within the meaning of 8 U.S.C. § 1101(f)(6). Because we find that Congress did not directly speak to this issue in the Immigration and Nationality Act, we consider whether the Board of Immigration Appeals ["BIA"]'s construction is permissible and hold that it is and that, as a result...

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