context: The BIA relied on both forms of notice, and did not state that either would have been individually adequate. If we were to find that either form of notice were problematic or deficient, agency law principles might require that the case be remanded to the BIA to determine whether the remaining notice was adequate.
citation_a.signal: no signal
citation_a.identifier: 332 U.S. 194, 196
citation_a.parenthetical: stating federal courts will not affirm agency decisions based on reasoning not considered by the agency
citation_a.sentence: SEC v. Chenery Corp., 332 U.S. 194, 196 (1947) (stating federal courts will not affirm agency decisions based on reasoning not considered by the agency); cf. INS v. Orlando Ventura, 537 U.S. 12, 16, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (requiring remand for agency determination in first instance of matters “that statutes place primarily in agency hands”).
citation_b.signal: cf.
citation_b.parenthetical: requiring remand for agency determination in first instance of matters "that statutes place primarily in agency hands"
citation_b.sentence: SEC v. Chenery Corp., 332 U.S. 194, 196 (1947) (stating federal courts will not affirm agency decisions based on reasoning not considered by the agency); cf. INS v. Orlando Ventura, 537 U.S. 12, 16, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (requiring remand for agency determination in first instance of matters “that statutes place primarily in agency hands”).