Datt

MEMORANDUM ***

Verendra Datt, a native and citizen of Fiji, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal. The BIA affirmed the Immigration Judge’s (“U”) order, denying Datt asylum and withholding of removal due to his conviction for several aggravated felonies, including sexual abuse of a minor, rendering him removable under 8 U.S.C. §§ 1101 (a)(43)(A), 1227(a)(2)(A)(iii), and denying him deferral of removal under Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”).

We have jurisdiction to consider the denial of CAT relief. Lemus-Galvan v. Mukasey, 518 F.3d 1081, 1083-84 (9th Cir.2008). We review the BIA’s factual findings to see if substantial evidence supports those findings, and the BIA’s interpretation of legal questions de novo. See Zheng v. Ashcroft, 332 F.3d 1186, 1193-94 (9th Cir.2003). We deny the petition.

The judgment of conviction shows that on July 31, 2000, Datt was convicted of five counts of sexual abuse in the first degree, in violation of Oregon Revised Statutes (“ORS”) § 163.427; one count of criminal mistreatment, ORS § 163.205; one…