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.

[EX Q]: 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
[EX A]: (C)

[EX Q]: of the contract, the plaintiffs claim will only sound in contract. Id. In operation, the rale restricts contracting parties to contractual remedies for those economic losses associated with the relationship, even when the breach might reasonably be viewed as a consequence of a contracting party’s negligence. See Jim Walter Homes, Inc. v. Reed, 711 S.W.2d 617, 618 (Tex.1986) (“When the injury is only the economic loss to the subject of a contract itself, the action sounds in contract alone.”). In other words, the economic loss rule precludes recovery of economic losses in negligence when the loss is the subject matter of a contract between the parties. Coastal Conduit & Ditching, Inc. v. Noram Energy Corp., 29 S.W.3d 282, 285 (T .3d 355, 378 (Tex.App.-Fort Worth 2012, pet. denied) (<HOLDING>). Therefore, we overrule JP Morgan’s fifth 
 Holding statements: (A) holding that subject to certain exceptions the economic loss rule bars recovery in tort for economic damages arising out of matters governed by contract (B) holding that economic loss rule precludes recovery of economic damages only in the absence of personal injury or property  damage claims (C) recognizing fraud in the inducement claims independent of contract claims without discussion of economic loss rule (D) holding economic loss rule did not bar recovery of tort damages on statutory fraud claim based upon fraudulent inducement (E) holding economic loss rule did not bar negligent misrepresentation claim where parties had no contract
[EX A]: (D)

[EX Q]: (III) (B). 25 Jones v. State, 318 Ga. App. 26, 36 (5) (733 SE2d 72) (2012); see Kidwell v. State, 264 Ga. 427, 432 (10) (444 SE2d 789) (1994) (“Since the grant or denial of a motion to sever is left in the discretion of the trial court, its ruling will only be reversed for an abuse of discretion . . . .”) (punctuation omitted). 26 Jones, 318 Ga. App. at 36 (5) (punctuation omitted); accord McClendon v. State, 299 Ga. 611, 615 (3) (791 SE2d 69) (2016). 27 Jones, 318 Ga. App. at 36 (5) (punctuation omitted); see Kidwell, 264 Ga. at 432 (10) (“The burden is on the defendant requesting the severance to ‘make a clear showing of prejudice_’ ”) (punctuation omitted). 28 Jones, 318 Ga. App. at 36 (5) (punctuation omitted); see Kidwell, 264 Ga. at 432 (10). 29 See McClendon, 299 Ga. at 615 (3) (<HOLDING>); Jones, 318 Ga. App. at 36 (5) (holding that 
 Holding statements: (A) holding that trial court did not abuse discretion in denying motion to sever because codefendants defenses were not antagonistic (B) holding that trial court did not abuse its discretion in denying motion to amend complaint because the proposed amendment would have been futile (C) holding that trial court did not abuse its discretion by denying motion for continuance when not in proper affidavit form (D) holding that trial court did not abuse its discretion in denying motion to continue trial three months where although trial was complex and records were voluminous court had already granted two prior continuances and continuance of three weeks was sufficient to prepare for trial (E) holding that trial court did not abuse discretion in denying motion to sever because trial of three defendants would not create confusion
[EX A]:
(E)