Evers

MEMORANDUM ***

George John Richard Evers, a citizen and native of Fiji, petitions for review of the Department of Homeland Security’s (“DHS”) Final Administrative Removal Order finding Evers removable as an alien convicted of an aggravated felony, sexual abuse of a minor, under 8 U.S.C. § 1227 (a)(2)(A)(iii). The DHS found Ev-ers removable after conducting an expedited removal proceeding pursuant to 8 U.S.C. § 1228 (b). We dismiss the petition in part and deny it in part.

We deny Evers’ first claim that 8 U.S.C. § 1228 violates due process because it does not permit him to reopen proceedings to seek withholding of removal under the Convention Against Torture, based on changed country conditions. Pursuant to 8 C.F.R. § 103.5 (a)(l)(i), Evers could have filed a motion to reopen proceedings as an “affected party” after the DHS’s decision. There is no evidence Evers attempted to file such a motion.

We deny Evers’ second claim there was insufficient evidence in the record to support the DHS’s finding Evers was convicted of violating California Penal Code § 288(c) (lewd and lascivious act upon a *442 child age 14 or 15). The record includes numerous court documents establishing…