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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: exception, which provides that “[t]here is no time limit on the filing of a motion to reopen” if the motion “is based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and would not have been discovered or presented at the previous proceeding.” 8 U.S.C. § 1229a(c)(7)(C)(ii). After review of the administrative record and consideration of the parties’ briefs, we dismiss the petition in part and deny the petition in part. I Ms. Lian acknowledges that binding circuit precedent prohibits us from reaching her challenge to the BIA’s refusal to reopen her proceedings sua sponte under 8 C.F.R. § 1003.2(a). See Lenis v. U.S. Att’y Gen., 525 F.3d 1291, 1293 (11th Cir.2008) (<HOLDING>). Nonetheless, Ms. Lian urges us to overrule 
 Holding statements: (A) holding that we lack jurisdiction to review a claim not brought before the bia even when the bia addresses it sua sponte (B) holding that this court lacks jurisdiction to review claims that have not been raised before the bia (C) holding that this court lacks jurisdiction to review decisions of the bia refusing to reopen immigration proceedings sua sponte (D) holding that a decision of the bia whether to reopen a case sua sponte under 8 cfr  10032a is entirely discretionary and therefore beyond the courts review  ie the court lacks jurisdiction to review the bias decision not to reopen (E) holding that the court lacks jurisdiction to review legal arguments not raised before the bia

Answer: (C)


Question: Legislative acts are those which involve policy-making decision of a general scope or, to put it another way, legislation involves line-drawing. Where the decision affects a small number or a single individual, the legislative power is not implicated, and the act takes on the nature of administration. In addition, the act must be “procedurally” legislative, that is, passed by means of established legislative procedures. This principle requires that constitutionally accepted procedures of enacting the legislation must be followed in order to assure that the act is a legitimate, reasoned decision representing the will of the people which the governing body has been chosen to serve. E.g., Immigration & Naturalization Service v. Chadha, 462 U.S. 919, 103 S.Ct. 2764, 77 L.Ed.2d 317 (1983) (<HOLDING>). Thus, the procedure the legislature follows 
 Holding statements: (A) holding on the merits that the existence of an unexercised legislative veto provision in a statute would render invalid actions taken under the statute unless the legislative veto provisions were severable from the portion of the statute pursuant to which the challenged actions were taken (B) holding that legislative consent to suit must be by clear and unambiguous language in either a statute or by other express legislative permission (C) holding onehouse legislative veto unconstitutional (D) holding that determining legislative intent is a question of law (E) holding acts of voting to be quintessentially legislative and the introduction of a budget to be formally legislative

Answer: (C)


Question: 1997))). However, most courts have interpreted “conduct” to refer to the defendant’s underlying conduct giving rise to the plaintiff-relator’s cause of action. See, e.g., United States ex rel. Bergman v. Abbot Labs., 995 F.Supp.2d 357, 380, No. 09-4264, 2014 WL 348583, at *17-18 (E.D.Pa. Jan. 30, 2014) (noting a ease “allowing claims under the Texas statute to proceed without intervention if filed after the date of the amendment, but only as they pertain to fraudulent conduct occurring after the date of amendment” and dismissing a plaintiff-relator’s TMFPA claims as “ap-plie[d] to allegedly fraudulent conduct that occurred before May 4, 2007” (citing United States ex rel. Streck v. Allergan, Inc., 894 F.Supp.2d 584, 604 (E.D.Pa.2012))); Streck, 894 F.Supp.2d at 604-05 (E.D.Pa.2012) (<HOLDING>); United States v. HCA Health Servs. of 
 Holding statements: (A) holding that the 2007 amendments to the tmfpa allow a plaintiffrelator to proceed without the state only with regard to fraudulent acts that occurred after the effective date of the amendment (B) holding that the commission on remand can set the effective date of a rate to be the effective date of the original commission activity (C) holding that the date of discrimination is the date on which a decision not to hire a plaintiff becomes effective (D) holding that wife could receive permanent total disability payments after the death of her husband where the husbands claim was pending before the effective date of the 2008 statutory amendments and was still pending at the time of his death even though husbands death occurred after the effective date of the 2008 statutory amendments as wifes status as a dependent was subject to determination as of the time of husbands injury (E) holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act

Answer:
(A)