instruction:
In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
as well as recent country reports and his own affidavit, the BIA did not abuse its discretion in concluding that he failed to provide sufficient evidence to support his allegation that conditions in China have materially changed. We have previously reviewed the BIA’s consideration of similar evidence in the context of an untimely motion to reopen and have found no abuse of discretion in its conclusion that such evidence was insufficient to establish changed conditions in China. Id. at 275 (noting that while the BIA must consider evidence such as “the oft-cited Aird affidavit, which [it] is asked to consider time and again[,] ... it may do so in summary fashion without a reviewing court presuming that it has abused its discretion”); Jian Huan Guan, v. BIA, 345 F.3d 47 (2d Cir.2003) (<HOLDING>). In addition, we find that the BIA did not 
 Holding statements: (A) holding that the bia did not abuse its discretion in denying a petitioners untimely motion to reopen where she submitted proof of the birth of her two sons a letter from her parents warning of the danger of forced sterilization and a purported sterilization certificate for her cousin who also had two children (B) holding that bia abused its discretion in denying motion to reopen (C) holding that a plaintiff who pled in her complaint that her law firm actively misled her in support of her request for application of the discovery rule had sufficiently pled the application of the doctrine (D) holding that the bia correctly imputed a parents knowledge that she and her children were not eligible for entry to the united states to her children (E) holding that the bia abused its discretion in denying a motion to reopen when it failed to consider the argument before it
answer:
holding that bia abused its discretion in denying motion to reopen


question:
contractual obligation.” Peralta v. Cendant Corp., 123 F.Supp.2d at 65. See Belgrave v. City of N.Y., 1999 WL 692034, *45 (E.D.N.Y.1999) (Gleeson, J.)(dismissing the plaintiffs breach of contract claim where employee claimed that employer failed to follow its procedures for providing equal opportunity to employees); Mutua v. Tex. Roadhouse Mgmt. Corp., 753 F.Supp.2d 954, 968-69 (D.S.D.2010) (Schreier, J.Xgranting summary judgment on a breach-of-contract claim seeking to enforce the anti-discrimination provisions in the employer’s employee handbook, because the employer already must abide by Title VII and a promise to perform a legal duty is not consideration for a return promise); Byra-Grzegorczyk v. Bristol-Myers Squibb Co., 572 F.Supp.2d 233, 254 (D.Conn.2008) (Kravitz, J.)(<HOLDING>); Gally v. Columbia Univ., 22 F.Supp.2d 199, 
 Holding statements: (A) recognizing that idea is simply not an antidiscrimination statute so that pure discrimination claim was not barred by parents failure to exhaust remedies under idea (B) holding that an administrative agency or a state courts finding that an employer had just cause to terminate a plaintiff is not preclusive with regard to the plaintiffs discrimination claim against the employer (C) recognizing that an antidiscrimination policy does not indicate that an employer is undertaking any contractual obligations towards the employee rather it requires the employer to comply with federal and state antidiscrimination laws (D) holding that the employee must at least provide his employer with enough information for the employer to be put on notice that the fmla is a consideration (E) holding an employee is an agent of his employer where the employer assumes the right to control time manner and method of work
answer:
recognizing that idea is simply not an antidiscrimination statute so that pure discrimination claim was not barred by parents failure to exhaust remedies under idea


question:
that in December 1995, his wage was $8.67 per hour. Lewis stated that a Caucasian employee, who misrepresented his knowledge of desktop publishing, was hired at a rate of $9.00 per hour in his department. This employee ultimately was “[p]ushed out the door.” Supp.App. at 354. Lewis also stated that another Caucasian employee received a pay increase from $7.50 to $8.25 per hour after he went from part-time to full-time status, and that a third Caucasian employee told him that he received a raise after his father called the store manager. The District Court held that Lewis failed to establish a prima facie case of discrimination because he had not shown that the employees he identified were similarly situated to him. See Watson v. Eastman Kodak Co., 235 F.3d 851, 857-58 (3d Cir.2000) (<HOLDING>). Finally, on his wrongful termination claim, 
 Holding statements: (A) holding that caucasian employees who engaged in the same act as the plaintiff but it did not result in injury to others were not similarly situated (B) holding that a plaintiff who did not show that he was paid at a lower rate than similarly situated employees could not survive summary judgment (C) holding that plaintiff was not similarly situated to another employee who also engaged in protected activity for purposes of plaintiffs retaliation claim (D) holding that employees of differing seniority levels were not similarly situated (E) holding that employee who violated a different policy of the store than plaintiff was not similarly situated
answer:

holding that caucasian employees who engaged in the same act as the plaintiff but it did not result in injury to others were not similarly situated