Virginia Arriaga Lopez v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
VIRGINIA ARRIAGA LOPEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-71630
Agency No. A079-602-585
MEMORANDUM*
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.
FILED
JAN 25 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-71630 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.

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