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: to exempt every alien who seeks to adjust his or her status under 245(i) after illegally reentering the United States following removal. Where Congress intended 241(a)(5) not to pose a barrier to adjustment of status for aliens who illegally reentered the United States, it made a special exception to the general rule. Because Lino does not fall within the exception, she is bound by the general rule disqualifying aliens who illegally reentered the country from seeking adjustment of status. Finally, six circuits have held that 241(a)(5) precludes aliens subject to reinstatement orders from obtaining adjustment of status pursuant to 245(i). See De Sandoval v. U.S. Attorney Gen., 440 F.3d 1276, 1284-85 (11th Cir.2006); Berrum-Garcia v. Comfort, 390 F.3d 1158, 1163 (10th Cir.2004) (<HOLDING>); Lattab v. Ashcroft, 384 F.3d 8, 21 (1st
Holding statements: (A) holding that trial court did not have jurisdiction to order reinstatement of previously dismissed action and thus reinstatement order was void and of no effect and previous order of dismissal was still in effect (B) holding that petitioners claim is not one to the attorney generals decision or action to execute a removal order either since the facts relevant to their claim took place well before any decision by the attorney general to execute a removal order (C) holding that once a petitioners prior removal order has been reinstated he no longer qualifies for any relief under the ina regardless of whether his application was filed before or after the reinstatement decision was made (D) holding that since the basis for the respondents order of removal and the denial of relief no longer exists the respondent has presented exceptional circumstances justifying reopening (E) holding that a federal court must order arbitration once it is satisfied that an agreement for arbitration has been made and has not been honored

Answer: (C)

Question: as she has failed to show that a majority of the arbitrators deliberately disregarded the law. (See id.) Although the award in this case is general, it does not appear that the panel deliberately disregarded the law. Both parties made viable legal arguments to the arbitration panel regarding equitable remedies and defenses including the voluntary payment doctrine, which the panel says it considered. Although the voluntary payment doctrine could preclude Olde's recovery, it is not applicable in all situations and there are exceptions to the doctrine. For example, courts have found that if a mistake of fact is alleged, then the voluntary payment doctrine does not apply. See Kane-Miller Corp. v. Lakeview Trust & Sav. Bank, No. 88 C 7561, 1989 WL 13295, at *1 (N.D.Ill. Feb.13, 1989) (<HOLDING>); see also Best Buy Co. v. Harlem-Irving Cos.,
Holding statements: (A) holding that attorneys fees under adea may not be recovered against a defendant who was not an employer of the plaintiff (B) recognizing that a mistake of fact may constitute a valid defense (C) holding that applicability of the voluntary payment doctrine and the mistake of fact exception raises questions of fact that cannot be resolved on a motion to dismiss (D) holding that money paid under mistake of fact may be recovered regardless of the negligence of the payor (E) holding the general rule is that money paid to another under a mistake of fact may be recovered because the money belongs in equity and good conscience to the person who paid it

Answer: (D)

Question: Petitioner cannot demonstrate that the prosecutor's comments "so infected the trial with unfairness as to make the resulting conviction a denial of due process." Darden, 477 U.S. at 181, 106 S.Ct. 2464 (internal citations and quotations omitted). The prosecutor's statement did not improperly shift the burden of proof onto the defense; rather, the prosecutor was commenting on the state of the evidence. More specifically, the prosecutor was commenting on the weakness of the defense theory of the case that another assailant had been present at the crime. Neither are improper. See, e.g. United States v. Cabrera, 201 F.3d 1243, 1250 (9th Cir.2000); United States v. Robinson, 485 U.S. 25, 26-34, 108 S.Ct. 864, 99 L.Ed.2d 23 (1988); Bashor v. Risley, 730 F.2d 1228, 1240 (9th Cir.1984) (<HOLDING>). In addition, even if the prosecutor had
Holding statements: (A) holding a prosecutor may not comment on a defendants silence (B) holding that a prosecutor may comment on the absence of evidence so long as there is sufficient evidence to support the prosecutors version of events (C) holding that it was permissible for prosecutor to comment on the general failure of the defense to produce any evidence (D) holding that comment by prosecutor in closing argument that defense counsel did not produce evidence of the defendants innocence was not a comment on the defendants failure to testify (E) holding the prosecutors statements were not an inappropriate comment on the defendants failure to testify but rather a comment on the defendants failure to present convincing evidence to support his defense

Answer:
(B)