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: before his heart attack and had been "asymptomatic" up until the day after his training. Dr. Sander viewed Bill's physical activity during fire training as significantly higher than his usual physical activity during work. He testified there was a continuity of symptoms from the time that Bill left the fire training school until he had his heart attack and that he did not see any significance in the period of time from when he left the training to when he had his heart attack. Essentially, New Hampshire Insurance is asking us to presume that its expert's theory is reliable in order to determine that Peggy Allison's expert's theory is unreliable. Conflicting theories between experts, however, do not automatically render one unreliable. See Thota v. Young, 366 S.W.3d 678, 695 (Tex.2012) (<HOLDING>). The trial court could rely on Dr. Sander's
Holding statements: (A) recognizing the conflict (B) holding conflict between experts theories is matter to be resolved by jury (C) recognizing conflict between circuits (D) recognizing possible conflict between the cases (E) recognizing conflict

SOLUTION: (B)

PROBLEM: the BIA's decision as the final failed to take his medical condition into account in denying his request for a continuance. To the contrary, the IJ expressly considered Maldonado-Reyes's request for an extension based on his medical condition and denied that request because the medical condition did not provide a basis for remaining in the United States. (A.R. 61-62). Maldonado-Reyes further contends that the denial of a continuance amounted to a deprivation of his right to counsel, violating his due process rights. The denial of a continuance is discretionary and therefore cannot form the basis for a due process claim. Abu-Khaliel, 436 F.3d at 635. Regardless, Maldonado-Reyes cannot demonstrate prejudice, as discussed below. See Gishta v. Gonzales, 404 F.3d 972, 979 (6th Cir.2005) (<HOLDING>). Maldonado-Reyes also asserts that the IJ
Holding statements: (A) holding petitioner must show prejudice to prevail on due process claim (B) holding petitioner must demonstrate error and substantial prejudice to prevail on a due process claim (C) holding that an alien must establish that he was prejudiced by the alleged error in order to prevail on a due process claim (D) holding that an alien raising a due process challenge to removal proceedings must show error and substantial prejudice (E) holding that an alien must show error and substantial prejudice in order to prevail on a due process claim

SOLUTION:
(D)