United States v. Xian Hua Chen
Docket: 02-10327
Court: Court of Appeals for the Ninth Circuit; April 7, 2003; Federal Appellate Court
Xian Hua Chen appeals his jury conviction for perjury and making false statements under 18 U.S.C. §§ 1621 and 1001. The appeal focuses on whether the false statements made in his asylum application were material. Chen claimed he entered the U.S. on September 28, 2000, as a crewman on the fishing boat He Shing Ying. However, the government demonstrated that this boat never arrived in Guam and provided evidence of a payment receipt dated September 26, 2000, indicating Chen was in the U.S. prior to his claimed entry date. Chen's motion for acquittal, arguing that the government did not establish the materiality of his false statements, was denied, leading to his conviction. Both parties acknowledge that asylum applications must be filed within one year of entry into the U.S. The court relied on the Supreme Court's standard from Kungys v. United States, stating that a statement is material if it has the natural tendency to influence a decision-making body. Chen's claim of entering the U.S. within the required timeframe naturally suggested he qualified for asylum. Furthermore, his false statements regarding entry methods were deemed material as they could have influenced an INS investigation into illegal immigration. Chen argued that the government needed to prove he entered the U.S. more than a year before his application to show that his false statements misled the government. The court rejected this, emphasizing that materiality does not require proof that a misrepresentation likely resulted in an erroneous decision or triggered an investigation. The critical test remains whether the statement had the potential to affect an official decision. The Ninth Circuit affirmed the conviction.