The following excerpt is from Bernal v. I.N.S., 154 F.3d 1020 (9th Cir. 1998):
The term "testimony" is limited to oral statements made under oath. Kungys v. United States, 485 U.S. 759, 780, 108 S.Ct. 1537, 99 L.Ed.2d 839 (1988). Moreover, this circuit has held that "the term testimony does not encompass all statements, or even all statements made under oath. Testimony means a statement made by a witness under oath for the purpose of establishing proof of
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