United States v. Boskic, 545 F.3d 69 (1st Cir. Oct. 22, 2008) ("The elements of a 1546(a) violation are: (1) the defendant made a false statement, (2) the statement was made knowingly and (3) under oath, (4) the statement concerns a "material fact," (5) and the statement was made in an application required by the United States immigration laws and regulations. See 18 U.S.C. 1546(a); United States v. Chu, 5 F.3d 1244, 1247 (9th Cir.1993). Boskic explicitly challenges only the sufficiency of the evidence on the first element-whether he made false statements on his immigration forms. However, resolving that issue requires us to consider his knowledge as well because, as we shall explain, whether his answers were false depends on his understanding of the questions asked of him. See, e.g., United States v. DeZarn, 157 F.3d 1042, 1044 (6th Cir.1998) ("[T]he crime of perjury depends not only upon the clarity of the questioning itself, but also upon the knowledge and reasonable understanding of the testifier as to what is meant by the questioning....").

jurisdiction: 
First Circuit

 

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