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.

to exempt every alien who seeks to adjust his or her status under § 245(i) after illegally reentering the United States following removal. Where Congress intended § 241(a)(5) not to pose a barrier to adjustment of status for aliens who illegally reentered the United States, it made a special exception to the general rule. Because Lino does not fall within the exception, she is bound by the general rule disqualifying aliens who illegally reentered the country from seeking adjustment of status. Finally, six circuits have held that § 241(a)(5) precludes aliens subject to reinstatement orders from obtaining adjustment of status pursuant to § 245(i). See De Sandoval v. U.S. Attorney Gen., 440 F.3d 1276, 1284-85 (11th Cir.2006); Berrum-Garcia v. Comfort, 390 F.3d 1158, 1163 (10th Cir.2004) (<HOLDING>); Lattab v. Ashcroft, 384 F.3d 8, 21 (1st 
 Holding statements: (A) holding that trial court did not have jurisdiction to order reinstatement of previously dismissed action and thus reinstatement order was void and of no effect and previous order of dismissal was still in effect (B) holding that petitioners claim is not one to the attorney generals decision or action to execute a removal order either since the facts relevant to their claim  took place well before any decision by the attorney general to execute a removal order (C) holding that once a petitioners prior removal order has been reinstated he no longer qualifies for any relief under the ina regardless of whether his application was filed before or after the reinstatement decision was made (D) holding that since the basis for the respondents order of removal and the denial of relief no longer exists the respondent has presented exceptional circumstances justifying reopening (E) holding that a federal court must order arbitration once it is satisfied that an agreement for arbitration has been made and has not been honored
(C)

203, 216, 85 S.Ct. 398, 13 L.Ed.2d 233 (1964) (“The Board’s power [to order remedies] is a broad discretionary one, subject to limited judicial review.”); McKinney ex rel. N.L.R.B. v. Southern Bakeries, LLC, 786 F.3d 1119, 1125 (8th Cir. 2015) (noting the NLRB’s broad remedial powers to remedy employer violations in the shape of unfair labor practices); Medallion Kitchens, Inc. v. NLRB, 811 F.2d 456, 460 (8th Cir. 1987) (observing that the NLRA affords “the Board broad .latitude in fashioning remedies for unfair labor practices”). To illustrate further, should an employer commit misconduct while she is at the bargaining table, so to speak, the NLRB may mandate the employer to reimburse the corresponding labor organization for bargaining expenses. See HTH Corp., 361 NLRB No. 65 (2014) (<HOLDING>). With respect to labor schedules and other 
 Holding statements: (A) holding there was no jury trial right where court ordered reinstatement and back pay to teachers fired after desegregation order in discrimination case back pay is equitable (B) recognizing nlrbs power to order reinstatement front pay back pay wideranging ceaseanddesist orders furnishing the union with relevant information and noticereading requirement among other remedies (C) holding that back pay may be awarded to the date of judgment (D) holding that an award of back pay is an issue for the court (E) holding in an adea case that when after acquired evidence of employee wrongdoing cut off accrual of back pay reinstatement or the award of front pay was inappropriate
(B)

215. As the modified categorical approach is “merely a ‘tool for implementing the categorical approach,’ ” we concluded that it too did not apply. Id. at 216 (quoting Descamps v. United States, — U.S. -, 133 S.Ct. 2276, 2284, 186 L.Ed.2d 438 (2013)). Contrary to Baboolall’s assertions, Rojas did not discard the modified categorical approach in drug possession and distribution cases. Rather, we held that neither the categorical nor the modified categorical approach was in play because there was no comparable federal statute and the record was silent as to the precise drug involved. Rojas, 728 F.3d at 215-16. In this case, N.Y. Penal Law § 220.39 is analogous to 21 U.S.C. § 841(a)(1). See Pascual v. Holder, 707 F.3d 403, 405 (2d Cir.2013) adhered to on reh’g, 723 F.3d 156 (2d Cir.2013) (<HOLDING>). As the IJ recognized, because there are 
 Holding statements: (A) holding that a felony conviction in new york state court for possession of cocaine constituted an aggravated felony where the conviction would have also been punishable under the controlled substance act even though the crime would have only constituted a misdemeanor under federal law (B) holding that a conviction under  22039 for attempted sale of cocaine qualifies as an aggravated felony (C) holding second simple possession conviction qualifies as an aggravated felony regardless of whether it was actually prosecuted as recidivist possession (D) holding that a conviction under  22039 qualifies as an aggravated felony under the categorical approach (E) holding that conviction under  2702a3 or 4 is an aggravated felony under  101a43f

(B)