Beltran v. Mukasey, 2008 WL 2660859 (6th Cir. Jul. 7, 2008) (unpublished) ("The remand was not license for the BIA to consider wholly new legal arguments that could not have been raised in this Court absent the remand. "[U]pon remand of a case for further proceedings after a decision by the appellate court, the trial court must proceed in accordance with the mandate and the law of the case as established on appeal. The trial court must implement both the letter and the spirit of the mandate, taking into account the appellate court's opinion and the circumstances it embraces." Brunet v. City of Columbus, 58 F.3d 251, 254 (6th Cir.1995) (internal quotation marks omitted). Here, the BIA exceeded the scope of the mandate in allowing DHS to raise an issue that was not discussed in the immigration court's opinion and that could not have been raised in this Court.").