Fonua

MEMORANDUM

Semisi Fonua, a native and citizen of Tonga, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, Ramirez-Villalpando v. Holder, 645 F.3d 1035, 1038 (9th Cir.2011), and we deny in part and dismiss in part the petition for review.

The BIA correctly determined that Fon-ua’s conviction under California Penal Code § 487(a) is an aggravated felony theft offense because the record of conviction establishes that Fonua pled guilty to grand theft of personal property. See id. at 1040-41 (relying on a complaint and an abstract of judgment, both of which specified that the offense involved personal property, to conclude that the petitioner’s conviction under § 487(a) qualified as a theft offense). Fonua’s contention that his conviction is not a theft offense because he may have been convicted as an aider and abettor is foreclosed by Gonzales v. Duenas-Alvarez, 549 U.S. 183, 189-90 , 127 S.Ct. 815 , 166 L.Ed.2d 683 (2007).

Because Fonua is removable under 8 U.S.C. § 1227 (a)(2)(A)(iii), we lack…