Moskin

MEMORANDUM ***

Hafizullah Moskin, a native and citizen of Afghanistan, seeks review of the Immigration Judge’s (“IJ”) decision to permit one of his witnesses, Sylvia Garcia, to testify as a fact witness but not as an expert. Moskin also seeks review of the IJ’s denial of his applications for asylum, withholding of removal, and protection from removal under the Convention Against Torture (“CAT”). The Board of Immigration Appeals (“BIA”) affirmed the IJ’s decision without opinion. We deny the petition for lack of jurisdiction. ****

We determine our own jurisdiction de novo. Milne v. Hillblom, 165 F.3d 733, 735 (9th Cir.1999). When the BIA affirms the IJ’s decision without opinion, we review the IJ’s decision as the final agency decision. Abebe v. Gonzales, 432 F.3d 1037, 1039-40 (9th Cir.2005) (en banc).

Generally, we lack jurisdiction to review final removal orders for aliens who are removable for committing criminal offenses, including aggravated felonies such as sexual abuse of a minor. See 8 U.S.C. § 1252 (a)(2)(C); 8 U.S.C. § 1227 (a)(2)(A)(ni); 8 U.S.C. § 1101 (a)(43)(A). Here, Moskin is an alien convicted of lewd and lascivious acts upon a child under the age of fourteen,…