Castellanos

MEMORANDUM ***

Jose de Jesus Mendoza Castellanos, a native and citizen of Mexico, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) order finding him statutorily ineligible for cancellation of removal because of his conviction for a firearms offense. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of statutory construction, Lafarga v. INS, 170 F.3d 1213, 1215 (9th Cir.1999), and we deny in part and dismiss in part the petition for review.

The IJ correctly concluded that Mendoza Castellano was ineligible for cancellation of removal because of his conviction under California Penal Code § 246.3 for unlawful discharge of a firearm with gross negligence. See 8 U.S.C. § 1229b(b)(l)(C) (to establish eligibility for cancellation of removal, alien must prove that he has “not been convicted of an offense under section ... 1227(a)(2) ... of this title”); Valerio-Ochoa v. INS, 241 F.3d 1092, 1095-96 (9th Cir.2001) (holding that “the act of ‘willfully discharg[ing] a firearm in a grossly negligent manner’ in violation of CahPenal Code § 246.3 qualifies as ‘using’ a firearm under 8…