Arriaga Lopez, et al v. Holder, No. 07-71630 (9th Cir. 2011)

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FILED JAN 25 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT VIRGINIA ARRIAGA LOPEZ, Petitioner, No. 07-71630 Agency No. A079-602-585 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 10, 2011 ** 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. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). § 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. 2 07-71630

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