Marmolejo-Campos v. Holder, 558 F.3d 903, 920 n.2 (9th Cir. 2009) (en banc) (dissenting opinion) (decision in conflict with other BIA precedents may not be based on a permissible construction of the INA, because "[u]nexplained inconsistency" in an agency's interpretation of its governing statute can be "a reason for holding an interpretation to be an arbitrary and capricious change from agency practice" when an agency provides no explanation at all for a change in policy, or when its explanation is so unclear or contradictory that we are left in doubt as to the reason for the change in direction), citing Nat'l Cable & Telecomms. Ass'n v. Brand X Internet Servs., 545 U.S. 967, 981, 125 S.Ct. 2688, 162 L.Ed.2d 820 (2005); Morales-Izquierdo v. Gonzales, 486 F.3d 484, 493 (9th Cir.2007) (en banc); see also Lands Council v. Martin, 529 F.3d 1219, 1225 (9th Cir.2008) (applying Morales-Izquierdo to hold that the Forest Service provided a "rational explanation" for its change in policy that did not leave the court "in doubt as to the reason for the change in direction" (internal quotation marks and citation omitted).