Llanos-Senarillos

Appellant, an alien, was tried and convicted by the district court on an indictment charging him with the offense of knowingly and wilfully swearing to a false statement in a matter affecting his right to remain in the United States, in violation of Section 152 of Title 8, U.S.C.A., which reads in part: “ * * * any person to whom * * * an oath has been administered, under the provisions of this chapter, who shall knowingly or willfully give false evidence or swear to any false statement in any way affecting or in relation to the right of any alien to admission, or readmission to, or to pass through, or to reside in the United States shall be deemed guilty of perjury and be punished as provided by section 231 of Title 18. * * * ”

It is conceded that, while under oath, appellant did falsely answer certain questions put to him by a duly appointed immigration inspector during a hearing to establish the facts as to appellant’s deport-ability and eligibility for suspension of deportation. However a few minutes later, during the same examination and without his having in the meanwhile been excused, appellant admitted and acknowledged, upon confrontment with documentary evidence, the…