Tramontana

MEMORANDUM **

Michele Tramontana petitions this court to review the decision of the Board of Immigration Appeals ordering him removed from the United States because he is an aggravated felon. INA § 237(a)(2)(A)(iii), 8 U.S.C. § 1227 (a)(2)(A)(iii). We dismiss the petition.

The permanent provisions of IIRIRA 1 govern this case. We lack jurisdiction “to review any final order of removal against an alien who is removable by reason of having committed a criminal offense” covered by INA § 237(a)(2)(A)(iii), 8 U.S.C. § 1227 (a)(2)(A)(iii). See INA § 242(a)(2)(C), 8 U.S.C. § 1252 (a)(2)(C). However, we retain jurisdiction to determine whether we have jurisdiction. Aragoro-Ayon v. INS, 206 F.3d 847, 849 (9th Cir.2000). The Board held that Tramontana’s conviction of attempted sexual conduct *809 with a minor, in violation of Arizona Revised Statute § 13-405, amounted to an aggravated felony. Tramontana attempted to have oral sex with a 14-year-old boy. Clearly that is attempted sexual abuse of a minor, which is an aggravated felony. See INA § 101(a)(43)(A), (U), 8 U.S.C. § 1101 (a)(43)(A), (U); see also United States v. Baron-Medina, 187 F.3d 1144, 1146 (9th Cir.1999). As such, we lack…