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: 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

Answer: (C)


Question: requirements under UFTA, Gulf and Security nevertheless contend that as a matter of law and of public policy the statute of limitations should not have commenced in this action until they obtained the default judgment against Clark in August of 1997 in California. ¶24 As far as the law is concerned, Gulf and Security vigorously argue under the mistaken assumption that a creditor may not assert an UFTA claim until after the underlying judgment is entered. This persistent assumption represents a fundamental misunderstanding of the law under UFTA. ¶25 Gulf and Security base their theory on our decision in Murphy v. Atkinson (1993), 262 Mont. 164, 864 P.2d 273, as well as a recent appellate court decision from California, Cortez v. Vogt (Cal.Ct.App. 1997), 60 Cal.Rptr.2d 841, 853-54 (<HOLDING>). In Murphy, we determined that a cause of 
 Holding statements: (A) holding that the twoyear time limitation of rule 3850 does not commence until the sentence becomes final (B) holding that statements and charges by municipality may not be amended in light of legislative purpose of shielding police and similar employees from harassment (C) holding that in view of legislative statements of policy and purpose of the ufta as a cumulative and additional remedy limitation period did not commence until debtorcreditor relationship existed after judgment was made final (D) holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence (E) holding that statements made in the course of negotiation were not contracts and such statements were merged into the final written agreement

Answer: (C)


Question: unemployment rate in Poland. The Government contends that we lack jurisdiction to review this claim because Dziwak’s arguments “address only the question of what is likely to happen” if he returns to Poland. Resp’t’s. Br. at 20. We agree. The IJ found Dziwak credible, but determined that “the conjecture stated by [Dziwak] and a series of suppositions strung together as to what may occur if [he] is returned to Poland is not sufficient to meet ... the more stringent more likely than not standard.” J.A. at 16. Thus, the IJ concluded that Dziwak failed to establish that what he feared was more likely than not to happen, which is the factual part of the mixed question of whether there is a likelihood of a threat to life or freedom. Cf. Kaplun v. Att’y Gen., 602 F.3d 260, 271 (3d Cir.2010) (<HOLDING>). Although Dziwak’s brief conflates the two 
 Holding statements: (A) holding that bpps may not engage in legal assistance make inquiries or answer legal questions (B) holding that in likelihood of torture inquiries what is likely to happen is the factual aspect and whether that amounts to torture is the legal aspect (C) recognizing that what is a reasonable area is a factual matter to be determined in each noncompete case (D) holding that communication was initiated by the question well what is going to happen to me now (E) recognizing that the primary source for determining whether a contract is clear is the text of the document itself when an instrument is unambiguous it construction and legal effect will be based upon what is found within its four corners

Answer:
(B)