Koyomejian

MEMORANDUM *

Petitioner Wanis Koyomejian, a 66-year-old lawful permanent resident of the United States who was born in Syria, petitions for review from the Board of Immigration Appeals’ (“BIA”) summary affir-mance of the immigration judge’s (“U”) order of removal. Petitioner argues that substantial evidence does not support the IJ’s findings that Petitioner is removable and ineligible for deferral of removal under the Convention Against Torture (“CAT”). We grant the petition.

1. Petitioner is not a “national of the United States” within the meaning of 8 U.S.C. § 1101 (a)(3) because, as he con *615 cedes, he did not complete the naturalization process. Perdomo-Padilla v. Ashcroft, 333 F.3d 964 , 968-69 & n. 4 (9th Cir .2003).

2. We reject Petitioner’s argument that, because the government delayed sending notice of his swearing-in ceremony, the government is estopped from arguing that Petitioner is not a national. Petitioner’s testimony — the only evidence introduced on this point — established only negligence on the part of the government. “A party seeking to raise estoppel against the government must establish affirmative misconduct going beyond mere negligence .... ” Morgan v.…