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.

Q: perform work for Kiwi. Synergy alleges that Ms. Willis knew these statements were false when she spoke them. Synergy contends that her intent to induce Synergy to rely on these statements can be inferred by the benefit LHC stood to receive. Finally, Synergy offers documentation of advertising run on behalf of Kiwi as evidence of its damages. Assuming for purposes of this motion that Ms. Willis made the alleged statements, Synergy’s fraud claim fails as a matter of law. First, statements by Ms. Willis as to Kiwi’s financial condition constitute an opinion. In Georgia, statements of opinion will not support a claim for fraud. Simpson Consulting, Inc. v. Barclays Bank, PLC, 227 Ga.App. 648, 650, 490 S.E.2d 184 (1997); See also Miller v. Clabby, 178 Ga.App. 821, 822, 344 S.E.2d 751 (1986) (<HOLDING>). Synergy also alleges that Ms. Willis stated 
 Holding statements: (A) holding agency may not rely on expert opinion without disclosing hard data supporting opinion to the public (B) holding that sellers failure to disclose known soil conditions was not a scheme to defraud where seller did not affirmatively lie to buyer (C) recognizing that an expression of opinion about monetary value is not a representation of fact which gives rise to an action for fraud (D) holding that a buyer could not rely on a sellers mere expression of opinion (E) recognizing that a common illustration of an admissible opinion under rule 701 is an expression of opinion by a lay observer of a cars speed

A: (D)
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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

A: (C)
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Q: official would understand that what he is doing violates that right.” Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 3039, 97 L.Ed.2d 523 (1987). The plaintiff bears the burden of showing that the constitutional right allegedly violated was clearly established “before the defendant acted or failed to act.” Rice v. Burks, 999 F.2d 1172, 1174 (7th Cir.1993) (citing Rakovich v. Wade, 850 F.2d 1180 (7th Cir.), cert. denied, 488 U.S. 968, 109 S.Ct. 497, 102 L.Ed.2d 534 (1988)). This requires the plaintiff to offer either a closely analogous case or evidence that the defendants’ conduct is so patently violative of the constitutional right that reasonable officials would know without guidance from the courts. See Rice, at 1173-74; McDonald v. Haskins, 966 F.2d 292 (7th Cir.1992) (<HOLDING>). To determine the applicability of qualified 
 Holding statements: (A) holding that deputies use of a police dog is subject to excessive force analysis (B) holding that inquiry as to whether officers are entitled to qualified immunity for use of excessive force is distinct from inquiry on the merits of the excessive force claim (C) holding that a police officer was not liable for use of excessive force since  951 requirements were satisfied (D) holding that an officer intentionally hitting the plaintiffs head into the top of the police car as the plaintiff was being placed in the police car could be excessive force (E) holding a gun to the head of a child and threatening to pull the trigger is plainly excessive force so closely analogous case is not needed to put police officer on notice

A:
(E)
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