The following excerpt is from Vallesteros v. I.N.S., 103 F.3d 143 (9th Cir. 1996):
A finding that testimony lacked credibility does not alone justify the conclusion that false testimony has been given. False testimony means knowingly giving false information with an intent to deceive. A lack of credibility does not necessarily stem from a conclusion that the speaker intends to deceive. As a California district court stated, to assume that "a witness whose testimony is not accepted by the trier of fact is a perjurer and not a person of good moral character ... is not only legally invalid, but is contrary to the basic sense of fairness upon which our legal system is founded." Acosta v. Landon, 125 F.Supp. 434, 441 (S.D.Cal.1954).
Id. at 507-08.
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