Victor

*648 MEMORANDUM ***

Petitioner Sam Saint Victor petitions for review of an order of the Board of Immigration Appeals summarily affirming the immigration judge’s decision that Petitioner is subject to removal under 8 U.S.C. § 1227 (a)(2)(A)(iii) (conviction of an aggravated felony). In this court Petitioner challenges only the agency’s determination that he fails to qualify as a non-citizen national within the meaning of 8 U.S.C. § 1101 (a)(22).

1. In Perdomo-Padilla v. Ashcroft, 333 F.3d 964, 966 (9th Cir.2003), cert. denied, — — U.S. ——, 124 S.Ct. 1041 , 157 L.Ed.2d 887 (2004), we held as a matter of law that, under the INA, “a person may become a national of the United States only through birth or naturalization.” This holding forecloses Petitioner’s argument that his filing of an application for naturalization at a time when he was eligible for naturalization made him a national of the United States. Petitioner did not complete the naturalization process and, therefore, is an alien who is subject to removal.

2. Petitioner argues that the BIA-violated 8 C.F.R. § 3.1 (a)(7) by streamlining his appeal. However, when we have jurisdiction to review the merits of the immigration…