TASK DEFINITION: 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.
PROBLEM: efforts to persuade an Immigration Judge to exercise her discretion to grant him a deportation waiver the removal of that discretion would constitute a violation of the Ex Post Facto Clause. Furthermore, given that parole eligibility is "considered an integral part of any sentence," Shepard, 556 F.2d at 654; see also Warden, 417 U.S. at 658, 94 S.Ct. at 2535-36, I think that the availability and likelihood of a deportation waiver should also be so considered. In explaining the basis for its con- elusion that parole eligibility or gain time should be considered part of 86, 68 L.Ed. 549 (1924) ("It is well settled that deportation, while it may be burdensome and severe for the alien, is not a punishment."); Bugajewitz v. Adams, 228 U.S. 585, 591, 33 S.Ct. 607, 608, 57 L.Ed. 978 (1913) (<HOLDING>) (citing Fong Yue Ting v. United States, 149
Holding statements: (A) holding that the amount of sanctions is appropriate only when it is the minimum that will serve to adequately deter the undesirable behavior (B) holding that the determination that an alien is an undesirable person is not a conviction of crime nor is the deportation a punishment it is simply a refusal by the government to harbor persons whom it does not want (C) holding that it is not (D) holding that for sentencing purposes the government does not need to allege a defendants prior conviction or prove the fact of a prior conviction where that fact is not an element of the present crime (E) holding that habeas review is for any alien held in custody pursuant to an order of deportation

SOLUTION: (B)

PROBLEM: fees for tax years 1995 through 1999, the parties stipulated that judgment was sought against Connie Ogg in rem only. 3 . Although it has been amended several times since its enactment in 1985, section 33.011 has always provided a process for a taxpayer to request a waiver of penalties and interest if the act or omission of an officer, employee, or agent of the appraisal district or taxing unit caused or resulted in the taxpayer's failure to pay the tax before delinquency. See Tex. Tax Code Ann. 33.011 (Vernon 2001). Here, the trial court stated in a finding of fact that the Oggs did not request a waiver of penalties or interest pursuant to section 33.011. The parties do not challenge that particular finding of fact. See McGalliard v. Kuhlmann, 722 S.W.2d 694, 696 (Tex.1986) (<HOLDING>). 4 . Act of May 24, 1979, 66th Leg., R.S., ch.
Holding statements: (A) holding unchallenged findings of fact are binding unless contrary is established as matter of law or there is no evidence to support finding (B) holding that unless an affirmative defense is established as matter of law defendant bears burden of obtaining jury findings necessary to support defense (C) holding that findings of fact are conclusive if supported by clear and convincing competent evidence even where the evidence might support contrary findings (D) holding that judgment on the pleadings will not be granted unless the movant clearly establishes that there are no material issues of fact and that he or she is entitled to judgment as a matter of law (E) holding that motion to dismiss should not be granted unless the moving party has established that there is no material issue of fact to resolve and that it is entitled to judgment in its favor as a matter of law

SOLUTION: (A)

PROBLEM: Saidie May ... at some point in time" before its alleged theft. See Opp. to the BMA's Mot. for Partial Summ. J. ("Opp.") 28. Fuqua ignores the many other records such as the board meeting minutes, financial ledger, and especially the police report that prove the Painting was in BMA's possession until it was stolen. Fuqua also speculates that Saidie May might never have had actual ownership of the Painting, insinuating that she loaned her husband's property without his permission. Id. This argument is not consistent with any evidence in the record and therefore comes up short because summary judgment cannot be defeated by speculation alone. Fuqua ultimately fails to offer a scintilla of evidence that the Painting was not stolen from BMA. See Celotex, 477 U.S. at 324, 106 S.Ct. 2548 (<HOLDING>). She has not provided a compelling factual
Holding statements: (A) holding that the nonmoving party must go beyond the pleadings to show that there is a genuine issue for trial (B) holding that the moving party has tjhe burden of showing no genuine issue of material fact exists (C) holding due to the moving partys failure to meet its initial burden the onus never passed to the nonmoving party to set forth specific facts showing that there is a genuine issue for trial citation omitted (D) holding that an adverse party must state specific facts showing there is a genuine issue of fact for trial (E) holding that the nonmoving party may not rest upon mere allegation or denials of his pleading but must set forth specific facts showing that there is a genuine issue for trial

SOLUTION:
(D)