Amparo Rivas-Bahena v. Loretta E. Lynch

MEMORANDUM

Amparo Rivas-Bahena, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immi gration judge’s (“IJ”) decision finding her removable and denying her applications for relief. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and review for substantial evidence the agency’s findings of fact. Blanco v. Mukasey, 518 F.3d 714, 718 (9th Cir. 2008). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s determination that Rivas-Bahena is inadmissible under 8 U.S.C. § 1182 (a)(6)(C)(ii) and ineligible to adjust status, where the record indicates she made a false claim to United States citizenship to gain entry to the United States. See 8 U.S.C. § 1255 (a)(2) (eligibility); Pichardo v. INS, 216 F.3d 1198, 1201 (9th Cir. 2000) (false claim to United States citizenship is a “non-waivable ground of inadmissibility” under 8 U.S.C. § 1182 (a)(6)(C)(ii)). Rivas-Bahena’s contention that she attempted to timely recant her false claim of citizenship is belied by the record. See Valadez-Munoz v. Holder, 623 F.3d 1304, 1310…