TASK DEFINITION: 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.
PROBLEM: 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

SOLUTION: (C)

PROBLEM: ah officer may ask a question outside the scope of the initial justification for the stop so long as it does not further lengthen the time taken to process the initial justification for the stop. In other words, if the questions asked do not lengthen the stop, the questions are valid. This reasoning is explained in both United States v. Childs, 277 F.3d 947 (7th Cir.2002) (en banc), and United States v. Shabazz, 993 F.2d 431, 436-37 (5th Cir.1993). In both cases, the courts held that questions by police officers during a traffic stop are not seizures or searches proscribed by the Fourth Amendment, and cited United States Supreme Court cases dealing with non-custodial police-citizen encounters for support. See, e.g., Florida v. Rodriguez, 469 U.S. 1, 105 S.Ct. 308, 83 L.Ed.2d 165 (1984) (<HOLDING>); Florida v. Bostick, 501 U.S. 429, 434, 111 
 Holding statements: (A) holding district courts finding of voluntary consent not clearly erroneous when police encounter lacked drawn weapons threats or prolonged questioning and consent was given without reluctance or hesitation even though police did not advise defendant of right to refuse consent (B) holding that police may approach persons and ask questions or permission to search so long as police do not imply that answers or consent are required (C) holding consent involuntary when police told defendants grandmother they had a search warrant and she allowed them to enter and search (D) holding that police must prior to entering the home inform the person from whom consent is sought that he or she may lawfully refuse to consent to the search (E) holding that it was objectively reasonable for the police to conclude that the general consent to search the respondents car included consent to search a bag within that car

SOLUTION: (B)

PROBLEM: the September 5 hearing was insufficient. While the State explained that the crime lab reports were pending based on the analysis of the clothing found at Defendant’s apartment, there was no explanation for the lab’s four-month delay. Officer Campbell also briefly explained the substation was somewhat disorganized because of the “Big I” construction, but he did not elaborate on why this would delay the report. Without providing a record to better explain the delay, the State has failed to meet its burden of persuasion. On balance, we find the State was negligent in failing to provide discovery before mid-September. Therefore, this delay, and the resulting continuance on October 4, 2000, weigh heavily against the State. See Tortolito, 1997-NMCA-128, ¶¶ 12-13, 124 N.M. 368, 950 P.2d 811 (<HOLDING>). {20} On the other hand, the failure to 
 Holding statements: (A) holding phrase based upon or attributable to is not ambiguous and rejecting secondary suit construction (B) holding that such claims however cannot be brought directly against the state or a state agency but only against state officials in their official capacities (C) holding a suit against an agency of the state is a suit against the state (D) holding unreasonable delays attributable to the states negligence or willfully oppressive conduct in dna testing weigh heavily against the state whereas delays attributable to the labs normal priorities and procedure weigh less heavily against the state (E) holding that comparable provision  502b6 does not literally apply to limit claims of landlord against guarantordebt or and that equities weigh against limiting claim

SOLUTION:
(D)