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: nonetheless entitled to claim derivative asylum relief based on the possibility that their citizen child would be subjected to FGM. In so assuming, the majority's remand is illusory. Although the practice of FGM is considered persecution under our law, there is no threat here since a United States citizen child cannot be deported to the country of her parents' birth, and the parents cannot claim an unrecognized form of derivative relief when they themselves cannot establish entitlement to asylum. By usurping the prerogative of Congress, which alone has the power to create a new basis for cancellation of removal, the majority violates the separation of powers doctrine and creates an unnecessary conflict with the Seventh Circuit. See Oforji v. Ashcroft, 354 F.3d 609, 618 (7th Cir.2003) (<HOLDING>). Like the petitioner in Oforji, Mr. and Mrs.
Holding statements: (A) holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review (B) holding that an alien parent may not establish a derivative claim for asylum by pointing to potential hardship to the aliens united states citizen child in the event of the aliens deportation (C) holding that inconsistencies in the aliens statements must go to the heart of the asylum claim to justify an adverse credibility finding (D) holding that the failure to notify aliens counsel of an order to appear for deportation violated the aliens statutory right to counsel (E) holding that the crime of bringing aliens to the united states is complete when the initial transporter who brings the aliens to the united states ceases to transport them

SOLUTION: (B)

PROBLEM: which a sentence of one year or longer may be imposed. See 8 U.S.C. 1252(a)(2)(C), 1182(a)(2)(A), 1227(a)(2)(A)®️. Furthermore, 1252(a)(2)(B) precludes judicial review of: (i) any judgment regarding the granting of relief under [INA 212(h), 8 U.S.C. 1182(h) ] or (ii) any other decision or action of the Attorney General or the Secretary of Homeland Security the authority for which is specified under this subchapter to be in the discretion of the Attorney General or the Secretary of Homeland Security®️ 8 U.S.C. 1252(a)(2). However, despite the jurisdictional limitations in 1252(a)(2)(C) and (a)(2)(B), we are not precluded from reviewing constitutional claims or questions of law raised in a properly filed petition for review. 8 U.S.C. 1252(a)(2)(D); Balogun, 425 F.3d at 1359 (<HOLDING>); see also Frech v. U.S. Att'y Gen., 491 F.3d
Holding statements: (A) holding that the real id act gave us jurisdiction to review a criminal aliens petition for review of an order of removal raising a question of law (B) holding no jurisdiction to review order raising amount of bail and questioning jurisdiction to review denial of motion to reduce bond (C) holding that the real id act leaves this court deprived of jurisdiction to review discretionary and factual determinations (D) holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review (E) holding that a habeas petition filed more than 30 days after the effective date of the real id act cannot be transferred to the court of appeals as a petition for review for lack of jurisdiction

SOLUTION: (A)

PROBLEM: of the kind defined in [26 U.S.C.] 5845 ... involves the substantial risk of violence necessary to label the possession a crime of violence," United States v. Dunn, 946 F.2d 615, 621 (9th Cir.1991), and Defendant's sawed-off shotgun is of the type described in 5845(a). The district court therefore should have applied the Career Offender Guideline only to Count 4, possession of an unregistered sawed-off shotgun. Instead, the district court erred by imposing a Career Offender sentence on all counts. If a district court incorrectly applies the Sentencing Guidelines and its error is not harmless, then we vacate the sentence and remand for resentencing. United States v. Cantrell, 433 F.3d 1269, 1279 (9th Cir.2006); see also United States v. Menyweather, 447 F.3d 625, 634 (9th Cir.2006) (<HOLDING>). Here, we cannot say with certainty that
Holding statements: (A) recognizing that any error would be harmless to the government in this case because the district court couldand wouldimpose the same sentence again under the nowadvisory guidelines regime (B) holding that any error was harmless because under the unusual circumstances present in this thirdtime appeal we recognize that the district court could and would impose the same sentence again (C) holding a constitutional booker error harmless on the ground that because the district court stated its sentence would be the same even if the guidelines were only advisory we know with certainty beyond a reasonable doubt what the district court would do upon remand (D) holding any possible error in a guidelines calculation harmless where this court was confident that the district court could and would impose the same sentence again under the nowadvisory guidelines regime (E) holding that booker constitutional error was harmless beyond a reasonable doubt because on remand the district court would have given defendant the same sentence

SOLUTION:
(B)