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RIVERA v. LYNCH

No. 12-72668.

816 F.3d 1064 (2016)

Milton Bladimir Rosales RIVERA, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Submitted March 10, 2016.

Attorney(s) appearing for the Case

Nicole Henning (argued), Jones Day, Chicago, Illinois; Craig Stewart, Jones Day, San Francisco, CA, for Petitioner.

Jessica Dawgert (argued), Kristofer McDonald, Trial Attorney, and Leslie McKay, Assistant Director, United States Department of Justice, Office of Immigration Litigation, Washington, D.C.; Joyce Branda, Acting Assistant Attorney General, United States Department of Justice, Civil Division, Washington, D.C., for Respondent.

Before: WILLIAM A. FLETCHER, RICHARD A. PAEZ, and MARSHA S. BERZON, Circuit Judges.

OPINION

At common law, a person could be convicted of perjury "when, under oath, he wilfully and corruptly [gave] false testimony on a material point in a judicial proceeding." 4 Wharton's Crim. Law § 574, Westlaw (database updated Sept. 2015); see also In re H____, 1 I. & N. Dec. 669, 670 (BIA 1943...

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