Legal Opinion
Teresa M. Medina v. Alberto R. Gonzales, Attorney General of the United States, 1
Court of Appeals for the Second Circuit
Decided April 14, 2005No. Docket 02-4896PublishedCited by 18 opinions
1Opinion of the Court
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, any alien who makes false oral statements under oath during an asylum interview with the subjective intent of obtaining immigration…
2Cases cited13 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Felix Hilario Secaida-Rosales v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2003
- Immigration & Naturalization Service v. Aguirre-AguirreSupreme Court of the United States · 1999
- Kungys v. United StatesSupreme Court of the United States · 1988
- Abdulkhaleq Mugalli v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 2001
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hoodho v. HolderCourt of Appeals for the Second Circuit · 2009
- Lin Zhong v. United States Department of Justice, Attorney General GonzalesCourt of Appeals for the Second Circuit · 2006
- Ida Damko v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2005
- Baraket v. HolderCourt of Appeals for the Second Circuit · 2011
- Alvaro Arenas-Yepes v. Alberto R. Gonzales, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 2005
13 more not listed; retrieve them via the Exa API.