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]: 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
[EX A]: (C)

[EX Q]: 677 F.3d 519, 543 (3d Cir.2012). Under the specific circumstances presented in this case, Lewis did not have an objectively reasonable expectation of privacy in his telephone conversation with White. Lewis knew where White was incarcerated when White called Lewis, as he had agreed to send Shavers and White mail there. Furthermore, Lewis was previously incarcerated at the same prison. Thus, he would have received a handbook alerting him that all telephone calls were recorded and been exposed to a document hanging in the common areas that notified prisoners that their calls might be monitored and recorded. In these circumstances, Lewis should have known that all outgoing prisoner telephone calls were monitored and recorded. See United States v. Sababu, 891 F.2d 1308, 1329 (7th Cir.1989) (<HOLDING>); United States v. Harrison, 986 F.Supp. 280, 
 Holding statements: (A) holding that prisoners have no reasonable expectation of privacy in their prison cells (B) holding that a customer has no reasonable expectation of privacy in dialed telephone numbers which were conveyed to the telephone company (C) holding that a nonprisoner had no reasonable expectation of privacy when speaking to a prisoner on the telephone because as a frequent visitor to the prison she was well aware of the strict security measures in place and that the code of federal regulations puts the public on notice that prison officials are authorized to monitor prisoners telephone calls (D) holding that the defendant had a reasonable expectation of privacy in a telephone booth (E) holding that no reasonable expectation of privacy existed in a prison visitor room where conversations took place between brothers and were surreptitiously recorded by state officials
[EX A]: (C)

[EX Q]: Rehabilitation Act, the Second and Eighth Circuits have come to different conclusions. In Faconti v. Potter, the Second Circuit favorably notes the district court’s determination that claims under the CSRS and the Rehabilitation Act cannot functionally co-exist because of their inherent inconsistency. Faconti v. Potter, 242 Fed.Appx. 775, 776 (2d Cir.2007) (precluding a Rehabilitation Act claim after obtaining CSRS benefits because “the requirements for obtaining a [CSRS] disability retirement annuity are wholly inconsistent with the requirements for proving a claim of disability discrimination under the Rehabilitation Act” (quoting Faconti v. Potter, No. 01-cv-1034, slip op. at 17 (E.D.N.Y. July 25, 2002))); see also Wallace v. Soc. Sec. Admin., 108 F.Supp.2d 716, 719 (S.D.Tex.2000) (<HOLDING>). But, in Arneson v. Heckler, the Eight Circuit 
 Holding statements: (A) holding that an employees claim for breach of a letter agreement was preempted by erisa where the agreement did not specify the amount or other terms of the employees retirement benefits and the court would have to refer to the employers erisagoverned retirement plan to determine the employees retirement benefits and calculate the damages claimed (B) holding that employee who frequently missed work was not a qualified individual able to perform the essential functions of her job either with or without a reasonable accommodation as required to support disability discrimination and reasonable accommodation claims under the rehabilitation act (C) holding that although disability benefits cannot be included as part of the marital estate a court may consider the waiver of retirement pension benefits in favor of disability benefits in determining whether there has been a material change in circumstances which would justify modification of an alimony award to a former spouse who was previously awarded a fixed percentage of the retirement pension benefits (D) holding disability discrimination claim barred (E) recognizing that a claim of disability retirement under the csrs precludes a rehabilitation act claim because plaintiffs applying for disability retirement under the csrs must be unable to work even with an accommodation
[EX A]:
(E)