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: Petitioner Jaswinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction over this appeal pursuant to 8 U.S.C. § 1252(a)(1), and we grant the petition for review. The Board of Immigration Appeals affirmed the immigration judge’s order without discussion, thus we review the substance of the immigration judge’s order. Falcon Carriche v. Ashcroft, 350 F.3d 845 (9th Cir.2003). The IJ erred when she found Singh’s testimony inconsistent and implausible, and therefore the record compels finding Singh’s testimony, credible. Kaur v. Ashcroft, 379 F.3d 876, 890 (9th Cir.2004) (<HOLDING>). First, the IJ erred when she found that 
 Holding statements: (A) holding that an adverse credibility determination is overturned only if each proffered reason for the determination fails (B) holding when one identified ground for an adverse credibility determination is supported by substantial evidence and goes to the heart of petitioners claim of persecution the court is bound to accept the ijs adverse credibility determination (C) holding that an adverse credibility determination must be supported by a true inconsistency (D) holding that an adverse credibility determination is sufficient to deny asylum (E) holding that in the absence of an adverse credibility determination the court must accept petitioners testimony as true

Answer: (A)


Question: campus is a limited public forum. Def. Br. 12. The Court agrees with the defendants’ assessment. The Court begins by recognizing that “the campus of a public university, at least for its students, possesses many of the characteristics of a public forum.” Widmar v. Vincent, 454 U.S. 263, 267 n. 5, 102 S.Ct. 269, 70 L.Ed.2d 440 (1981). Accordingly, the Second Circuit has noted, “[s]ome portions of a public college’s campus may be a public forum.” Davis v. Stratton, 360 FedAppx. 182, 184 (2d Cir.2010). Significant to the analysis, however, is that these areas may constitute a designated public forum only to the extent they are “intentionally openfed]” to First Amendment activities. Make the Road by Walking, Inc. v. Turner, 378 F.3d 133, 143 (2d Cir.2004); see also Ochshom, 645 F.3d at 540 (<HOLDING>); Hotel Emps., 311 F.3d at 545 (noting that a 
 Holding statements: (A) holding that a high school is not a public forum thus precluding free airing of religious views (B) holding that a public high school newspaper was a limited public forum not a traditional or designated public forum because there was no evidence that the school permitted indiscriminate use by the general public quoting hazelwood sch dist v kuhlmeier 484 us 260 267 108 sct 562 98 led2d 592 1988 (C) holding that a public school did not create a public forum by allowing commercial advertising on a baseball field fence (D) recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public (E) recognizing that government is not required to retain open nature of designated public forum

Answer: (B)


Question: was not bound by this ruling when he rendered this decision in 1999 because SSR 00-4p was not effective until December 2000. Perhaps as a result, Money mentions SSR 00-4p on appeal but concedes that we do not need to apply it here. She argues persuasively that this court has endorsed reconciling conflicts between VEs’ testimony and the DOT definitions even in claims not governed by SSR 00-4p. See Burns v. Barnhart, 312 F.3d 113, 126-27 (3d Cir.2002). We do not need to decide this question, though, because the district court’s decision to affirm stands even if such reconciliation was needed. Money apparently did not raise the first issue regarding the error in step four to the district court, and it is therefore waived. See Gass v. V.I. Telephone Corp., 311 F.3d 237, 246 (3d Cir.2002) (<HOLDING>). Looking at this issue on the merits, this 
 Holding statements: (A) holding that issues not raised before the district court cannot be raised for the first time before this court (B) holding issues not raised before local agency are waived (C) holding that issues not raised before the trial court cannot be raised on appeal (D) holding that issues not raised before a district court are waived on appeal (E) holding that issues not raised before the district court cannot be asserted for the first time on appeal

Answer:
(D)