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HO SANG YIM v. BARR

No. 17-70624, No. 17-70670, No. 17-70742.

972 F.3d 1069 (2020)

HO SANG YIM, aka Alez Suk Peter Yim Yoon, Petitioner, v. William P. BARR, Attorney General, Respondent. Orlando Velasquez Garcia, Petitioner, v. William P. Barr, Attorney General, Respondent. Raul Borges Borba-Cardoso, Petitioner, v. William P. Barr, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Submitted June 5, 2020 Pasadena, California.

Filed August 25, 2020.

Attorney(s) appearing for the Case

Robert G. Berke (argued), Berke Law Offices Inc., Canoga Park, California, for Petitioner Ho Sang Yim.

Alejandro Garcia , Commerce, California, for Petitioner Orlando Velasquez Garcia.

Mario Acosta Jr. , Law Offices of Mario Acosta Jr., Los Angeles, California, for Petitioner Raul Borges Borba-Cardoso.

Jessica A. Dawgert (argued), M. Jocelyn Lopez Wright , Song E. Park , and Andrew N. O'Malley , Senior Litigation Counsel; Keither I. McManus , Assistant Director; John F. Stanton , Trial Attorney; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Before: Consuelo M. Callahan and Sandra S. Ikuta, Circuit Judges, and Cathy Ann Bencivengo, District Judge.

OPINION

We hold that the Board of Immigration Appeals (BIA) reasonably interpreted "perjury," as used in 8 U.S.C. § 1101(a)(43)(S), to mean an offense where "an offender make[s] a material false statement knowingly or willfully while under oath or affirmation [or penalty of perjury] where an oath is authorized...

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