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Virginia Arriaga Lopez v. Eric H. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


January 25, 2011

VIRGINIA ARRIAGA LOPEZ, PETITIONER,
v.
ERIC H. HOLDER, JR., ATTORNEY GENERAL, RESPONDENT.

Agency No. A079-602-585 On Petition for Review of an Order of the Board of Immigration Appeals

FILED

NOT FOR PUBLICATION

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

MEMORANDUM*fn1

Submitted January 10, 2011*fn2

Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.

Virginia Arriaga Lopez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order dismissing her appeal from an immigration judge's ("IJ") removal order. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings, Khan v. Holder, 584 F.3d 773, 776 (9th Cir. 2009), and we grant the petition for review.

Substantial evidence supports the agency's determination that Arriaga Lopez gave false testimony for the purpose of obtaining an immigration benefit regarding her 1991 petty theft conviction and is therefore statutorily precluded from demonstrating good moral character under 8 U.S.C. § 1101(f)(6). See Ramos v. INS, 246 F.3d 1264, 1266 (9th Cir. 2001). Arriaga Lopez's contention that her false statements should not count against her because they had no bearing on her eligibility to obtain immigration benefits is unavailing.

PETITION FOR REVIEW DENIED.


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