Prayer for Relief ΒΆ 3.) The plaintiff claims that the Court has the authority to grant such a remand, citing Yang v. McElroy, 277 F.3d 158, 164 (2d Cir. 2002; Jiang v. Bd. of Immigration Appeals, No. 03-40297, 2007 WL 642961, at *2 (2d Cir. Feb. 27, 2007); andTifow v. Mukasey, 303 Fed. Appx. 377, 378-79 (9th Cir. 2008). The plaintiff also asserts that such a remand is consistent with federal courts' hostility to post hoc rationalizations.