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: 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

Answer: (C)

Question: an insurer to await the filing of a complaint against its insured will force insurers to defend claims that are unlikely to result in a duty to indemnify. We recognize the reality of Patrons's concerns. We conclude, however, that the rationale supporting the comparison test outweighs those concerns. See Dingwell, 414 A.2d at 227. "We have always recognized that the application of the comparison test will occasionally requ dgment action before the injured claimant filed an action against the insured. Dolley, 669 A.2d at 1321. Rather than rejecting the action on ripeness grounds, we determined the insurer's duly to defend vel non on the basis of what the corn-plaint might have alleged, in view of the parties' stipulation. Id. at 1323. 5 . See State Mut. Ins. Co. v. Bragg, 589 A.2d at 38 (<HOLDING>); Perreault v. Maine Bonding & Cas. Co., 568
Holding statements: (A) holding insurers duty to defend is determined by allegations in the petition (B) holding that insurance company could sue in insureds name following assignment of insureds interest against tortfeasor (C) holding that an insurers duty to defend arises from the allegations in the complaint against the insured (D) holding insurers right to subrogation arises only upon the insurers showing that the sum of the insureds recovery from the insurer and from persons legally responsible for the injury exceeds the insureds loss (E) holding that insureds criminal convictions were sufficient to preclude relitigation of the issue of the insureds subjective intent for purposes of evaluating the insurers duty to defend

Answer: (E)

Question: Stahl, 792 F.2d at 1440-41 (same); United States v. Thomas, 788 F.2d 1250, 1253-54 (7th Cir.1986) (same). Furthermore, the Courts of Appeals have consistently invoked Marshall Field in refusing to conduct other inquiries "into the internal governance of Congress." Mester Mfg. Co. v. INS, 879 F.2d 561, 571 (9th Cir.1989); see, e.g., United States v. Campbell, No. 06-3418, 221 Fed.Appx. 459, 2007 WL 1028785, at *1 (7th Cir. Apr.3, 2007) (unpublished order) ("Campbell proposes to argue that 18 U.S.C. 3231, which gives district judges jurisdiction to hear criminal prosecutions, has no legal effect because the House and Senate did not vote on it in the same session of Congress .... The enrolled bill rule prevents looking behind laws in th[at] way .... "); Mester Mfg., 879 F.2d at 570-71 (<HOLDING>); Gibson v. Anderson, 131 F. 39, 42-43 (9th
Holding statements: (A) holding that there is both a statutory and a constitutional right to a jury trial under erisa because congress lacks constitutional authority to limit right to a jury (B) holding it constitutional for congress to allocate jurisdiction question to the judge (C) holding that where congress has directed the agency to issue a rule without regard to any other provision of statute or regulation that applies to issuance of such rule congress has amended the law and does not offend the constitution (D) holding that in the absence of express constitutional direction the courts must defer to the reasonable procedures congress has ordained for its internal business where an employer asserted that the immigration reform and control act of 1986 is entirely null and void as unconstitutionally passed because congress has no constitutional authority to present a bill after adjournment sine die (E) holding that an unconstitutional act of congress has no legal effect

Answer:
(D)