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. 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.
question:
nonetheless entitled to claim derivative asylum relief based on the possibility that their citizen child would be subjected to FGM. In so assuming, the majority’s remand is illusory. Although the practice of FGM is considered persecution under our law, there is no threat here since a United States citizen child cannot be deported to the country of her parents’ birth, and the parents cannot claim an unrecognized form of derivative relief when they themselves cannot establish entitlement to asylum. By usurping the prerogative of Congress, which alone has the power to create a new basis for cancellation of removal, the majority violates the separation of powers doctrine and creates an unnecessary conflict with the Seventh Circuit. See Oforji v. Ashcroft, 354 F.3d 609, 618 (7th Cir.2003) (<HOLDING>). Like the petitioner in Oforji, Mr. and Mrs. 
 Holding statements: (A) holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review (B) holding that an alien parent may not establish a derivative claim for asylum by pointing to potential hardship to the aliens united states citizen child in the event of the aliens deportation (C) holding that inconsistencies in the aliens statements must go to the heart of the asylum claim to justify an adverse credibility finding (D) holding that the failure to notify aliens counsel of an order to appear for deportation violated the aliens statutory right to counsel (E) holding that the crime of bringing aliens to the united states is complete when the initial transporter who brings the aliens to the united states ceases to transport them
answer:
(B)


question:
UCL and CLRA. In considering whether the plaintiff in Bruno had standing to bring claims arising from the defendants’ gelcap product, when the plaintiff had only purchased the defendants’ liquid product, the court noted that “treatises and the vast majority of persuasive authority indicate that ... the issue of whether a class representative may be allowed to present claims on behalf of others who have similar, but not identical, interests depends not on standing, but on an assessment of typicality and adequacy of representation.” Id. at 530 (citing Greenwood v. Compucredit Corp., No. 4:08-cv-04878, 2010 WL 4807095, at *3 (N.D.Cal. Nov. 19, 2010); Arevalo v. Bank of Am. Corp., 850 F.Supp.2d 1008, 1017 (N.D.Cal.2011); Fallick v. Nationwide Mut. Ins. Co., 162 F.3d 410, 423 (6th Cir.1998) (<HOLDING>); 7AA Wright et al., Federal Practice and 
 Holding statements: (A) holding that employers have standing to sue (B) holding that plaintiffs did not have standing because they did not sue the party with the clear ability to act (C) recognizing associational standing when members would have standing in own right (D) holding that because plaintiff had standing to sue for injury arising from his own benefit plan his ability to represent class members with different benefit plans should be analyzed under rule 23 not standing (E) holding that plaintiffs lacked standing to sue
answer:
(D)


question:
to suffer irreparable harm in the ab sence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest. Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 129 S.Ct. 365, 374, 172 L.Ed.2d 249 (2008); see also Stormans, Inc. v. Selecky, 586 F.3d 1109, 1126—27 (9th Cir.2009) (quoting Winter, 129 S.Ct. at 374). A plaintiff also may obtain a preliminary injunction upon a showing of “serious questions going to the merits and a hardship balance that tips sharply towards the plaintiff ..., so long as the plaintiff also shows a likelihood of irreparable injury and that the injunction is in the public interest.” Alliance For the Wild Rockies v. Cottrell, 622 F.3d 1045, 1046 (9th Cir. 2010) (internal quotation marks omitted) (<HOLDING>). “In all cases, the burden of persuasion 
 Holding statements: (A) holding that the slidingscale standard for granting preliminary injunctions survives winter v natural resources defense council inc 555 us 7 129 sct 365 172 led2d 249 2008 (B) holding that the serious questions approach survives winter when applied as part of the fourelement winter test (C) holding that the slidingscale approach also survives winter in the context of stays (D) holding that parole survives deportation (E) holding that a serious questions version of the sliding scale approach to preliminary injunctions survives winter
answer:

(B)