Xiao Min Chen v. Mukasey , 527 F.3d 935 ( 2008 )

CLIFTON, Circuit Judge,

concurring in the judgment:

I agree with my colleagues that this matter should be remanded to permit the agency to answer the relevant question in the first instance. I regret that I cannot join in that portion of the majority opinion that itself provides an answer to that question. See, e.g., majority opinion at 940. I do not disagree with the majority opinion’s answer or the analysis upon which it is based, but if we think we should let the agency answer the question, then I believe that we should wait to hear that answer by the agency before providing our own.