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.

five years. The issue is thus whether the time Hartman served in prison after the IJ’s improper decision should count toward the five-year bar. The Court holds that it should not count and thus, contrary to the BIA’s ruling in March 2002, the application for § 212(c) relief was not untimely when the IJ addressed the merits of that application on January 25, 2001. 1. The Statutory Five-Year Bar At the outset, the Court addresses Hartman’s argument that the five-year clock stops upon filing an application for § 212(c) relief, which, in this case, would be January 1997. The Court disagrees with that argument. The five-year clock of § 212(c) does not stop when an alien, such as Hartman, files an application for a discretionary waiver. See Gomes v. Ashcroft, 311 F.3d 43, 45 (1st Cir.2002) (<HOLDING>); Falconi v. INS, 240 F.Supp.2d 215, 218 
 Holding statements: (A) holding that a lawful permanent resident alien is entitled to seek relief under ina  212c (B) holding that the date of death is relevant date of inquiry for the applicability of section 541a5a (C) holding that the relevant date is not when petitioner filed for  212c relief (D) holding that we have jurisdiction to review an aliens legal eligibility for relief under former ina  212c (E) holding that iiriras repeal of ina  212c was not impermissibly retroactive because unlike st cyr the petitioner chose to proceed to trial instead of agreeing to a plea and therefore did not detrimentally rely on the availability of  212c relief
(C)

of discretion standard. See State v. Ross, 180 Ariz. 598, 603, 886 P.2d 1354, 1359 (1994). Statements stemming from a state actor’s custodial interrogation of a defendant are not admissible unless he is warned of his Fifth Amendment “right to remain silent” and that “anything said can and will be used against [him] in court.” Miranda v. Arizona, 384 U.S. 436, 469, 86 S.Ct. 1602, 1625, 16 L.Ed.2d 694 (1966). ¶ 19 The State concedes here that Appellant was in police custody when Nurse Geyer questioned him at the hospital. Even if a defendant is in custody, however, Miranda warnings are required when a med ical professional conducts an interrogation only if that medical professional is a state actor. See Estelle v. Smith, 451 U.S. 454, 468, 101 S.Ct. 1866, 1876, 68 L.Ed.2d 359 (1981) (<HOLDING>). See also State v. Vickers, 129 Ariz. 506, 633 
 Holding statements: (A) recognizing a public safety exception to the requirement that miranda warnings be given in order to use a suspects statement as evidence against him at trial (B) holding that phrase i know i have the right to remain silent together with phrase and knowing that anything i say may be used against me substantially complied with article 3822 warnings even though warnings failed to advise accused that his statement could be used against him at his trial or in court because it advised him his statement could be used against him in any type of context not just those mentioned in article 3822 subsection 2a1 and 2 (C) holding that a defendants jailhouse statements to a courtappointed psychiatrist could not be used against him in the penalty phase of a murder trial because the psychiatrist failed to give the defendant miranda warnings (D) holding that the warnings in their totality satisfied miranda (E) holding that the government cannot use postarrest silence against a defendant because miranda warnings give implicit assurances that silence will not be used against a person and accordingly it would be fundamentally unfair and a violation of due process to allow a defendants silence to be used to impeach him at trial
(C)

the Fourteenth Amendment Due Process Clause and state statutes or regulations. Id. With respect to interests arising directly under the Due Process Clause, the Supreme Court has narrowly circumscribed its scope to protect no more than the “the most basic liberty interests in prisoners.” Hewitt v. Helms,’459 U.S. 460, 467, 108 S.Ct. 864, 869, 74 L.Ed.2d 675 (1983); Wolff v. McDonnell, 418 U.S. 539, 555, 94 S.Ct. 2963, 2974, 41 L.Ed.2d 935 (1974) (“Lawful imprisonment necessarily makes unavailable many rights and privileges of the ordinary citizen.”). The Due Process Clause does not protect against “every change in the conditions of confinement having a substantial adverse impact” on inmates, Sandin, 515 U.S. at 478, 115 S.Ct. at 2297, if S.Ct. 1028, 1036-37, 108 L.Ed.2d 178 (1990) (<HOLDING>). Aside from the Fourteenth Amendment Due 
 Holding statements: (A) holding that the due process clause permits the state to treat a prison inmate who has a serious mental illness with antipsychotic drugs against his will if the inmate is dangerous to himself or others and the treatment is in the inmates medical interest (B) recognizing right to refuse psychotropic medication in the absence of emergency as aspect of liberty guaranteed by due process clause (C) holding that inmate has a liberty interest under the due process clause to refuse the involuntary administration of psychotropic drugs (D) holding that an inmate stated a claim under the due process clause when guards had placed her in a cell with a dangerous inmate (E) holding that prisoners possess a significant liberty interest in avoiding the unwanted administration of antipsychotic drugs under the due process clause of the fourteenth amendment and identifying procedures which comported with due process

(C)