context: . Although the parties similarly failed to propose it, we have considered remanding to the BIA for a precedential opinion in the first instance.
citation_a.signal: see
citation_a.parenthetical: remanding petitioner's appeal of BIA's streamlined affirmance of IJ's opinion to allow the BIA to address petitioner's novel issue of law, in the first instance, in a precedential opinion
citation_a.sentence: See Smriko, 387 F.3d 279 (remanding petitioner's appeal of BIA's streamlined affirmance of IJ’s opinion to allow the BIA to address petitioner’s novel issue of law, in the first instance, in a precedential opinion); see also Dobrova v. Holder, 607 F.3d 297, 300 (2d Cir.2010) ("[S]ince here we determine that the text of the relevant statute is clear, and the only question presented on appeal is a purely legal one, remand to the BIA for precedential interpretation in the first instance is unnecessary.”); Gutnik v. Gonzales, 469 F.3d 683, 691 (7th Cir.2006) (reading 8 C.F.R. § 1003.1(e)(4)(5) together to require only that the BIA not review cases resolving novel issues by affirmance without opinion, but not requiring a single BIA member to refer an appeal to a three-member panel).
citation_b.signal: see also
citation_b.identifier: 607 F.3d 297, 300
citation_b.parenthetical: "[S]ince here we determine that the text of the relevant statute is clear, and the only question presented on appeal is a purely legal one, remand to the BIA for precedential interpretation in the first instance is unnecessary."
citation_b.sentence: See Smriko, 387 F.3d 279 (remanding petitioner's appeal of BIA's streamlined affirmance of IJ’s opinion to allow the BIA to address petitioner’s novel issue of law, in the first instance, in a precedential opinion); see also Dobrova v. Holder, 607 F.3d 297, 300 (2d Cir.2010) ("[S]ince here we determine that the text of the relevant statute is clear, and the only question presented on appeal is a purely legal one, remand to the BIA for precedential interpretation in the first instance is unnecessary.”); Gutnik v. Gonzales, 469 F.3d 683, 691 (7th Cir.2006) (reading 8 C.F.R. § 1003.1(e)(4)(5) together to require only that the BIA not review cases resolving novel issues by affirmance without opinion, but not requiring a single BIA member to refer an appeal to a three-member panel).