Alphonsus v. Holder, 705 F.3d 1031, 2013 WL 208930 (9th Cir. Jan. 18, 2013) (an agency changing course must do so in a format capable of modifying an earlier interpretation. Here, an unpublished, non-precedential opinion in this case could not modify earlier, published precedential opinions even if adequate reasons were given for the departure. See Hernandez v. Ashcroft, 345 F.3d 824, 846"47 (9th Cir.2003).).