The Fourth has determined that the applicability of the false testimony good moral character bar to omissions or concealments is a mixed question of fact and law that a federal court maintains jurisdiction to review. “Martinez-Martinez argues that the Board: (1) improperly reviewed the IJ’s legal determination that his omission of aliases constituted testimony under § 1101(f)(6) for clear error, and (2) committed legal error by applying the false testimony bar based on an omission, rather than an oral statement. We agree the Board applied an incorrect standard of review and will therefore grant the petition for review and remand to the Board to apply the correct standard. Consequently, we need not reach Martinez-Martinez’s argument about the application of the false testimony bar. “
“[T}he application of the false testimony bar is a legal determination necessitating de novo review. Thus, the Board improperly reviewed the legal question of whether Martinez-Martinez’s testimony as to aliases constituted “testimony” under the false testimony bar for clear error. This error alone is sufficient to grant the petition for review and remand to the Board for application of the proper standard.”
The full text of Martinez-Martinez v. Bondi can be found here: