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: defendant to trust the advice of his counsel in weighing the immigration consequences of his decision. Petitioner's counsel advised him that he would "in all likelihood, receive a sentence of only one to three years' imprisonment." (Id.) The fact that this turned out to be true, buttresses the court's conclusion that it was reasonable for Petitioner to rely on his counsel's advice in making his immigration decisions. Second, and more importantly, however, case law before IIRIRA held that even an alien who received a sentence longer than five years might have maintained eligibility for 212(c) relief, provided that the alien had not served five years of his sentence at the time of his removal hearing. See Matter of Ramirez-Somera, 1992 WL 301623, 20 I. & N. Dec. 564, 566 (BIA 1992) (<HOLDING>). Thus, the fact that Petitioner could have
Holding statements: (A) holding that sentences of five years in prison followed by ten years probation were illegal sentences that exceeded the statutory maximum of five years for a thirddegree felony (B) holding that magistrate judge had jurisdiction to dismiss prison inmates action under 42 usc 1983 as frivolous without consent of defendants because defendants had not been served yet and therefore were not parties (C) holding that a potential prison sentence of up to five years was clearly serious (D) holding the same where the term conviction refers to a defendant who has been found guilty of a listed offense but has not yet been sentenced (E) holding that an immigrant defendant is eligible for 212c relief despite having been sentenced to a fifteen year prison term because he had not yet served five years of the sentence

SOLUTION: (E)

PROBLEM: is knowing and voluntary, when there is a factual foundation to support it, when the state has agreed to it, then the discretion has ended and the plea must be accepted." Id. at 1041. We noted, however, that this rule applied only to "unconditional and unqualified" guilty pleas, not to negotiated pleas where the State has agreed to a particular sentence or to the disposition of particular charges, or where the State opposes the plea. Id. at 1041-42 (on motion for rehearing). Florida Rule of Appellate Procedure 9.140(b)(2)(A)(i) provides: "A defendant who pleads guilty or nolo contendere may expressly reserve the right to appeal a prior dispositive order of the lower tribunal, identifying with particularity the point of law being reserved." See State v. Ashby, 245 So.2d 225 (Fla.1971) (<HOLDING>). A trial judge has wide discretion to refuse
Holding statements: (A) holding a contemporaneous objection is required to preserve an issue for appellate review (B) holding that a defendant in a criminal case might plead no contest conditioned on the right to preserve for appellate review a question of law (C) holding that the defendant failed properly to preserve assignment of error for appellate review because the trial court had no opportunity to consider the defendants contention as presented on appeal (D) holding that there is no due process right to appellate review (E) holding that under state procedural law a timely objection is necessary to preserve a batson question for appellate review

SOLUTION: (B)

PROBLEM: asserted on the petition date even if they were not disclosed in the debtor's schedules. Goodman v. Phillip R. Curtis Enters., Inc., 809 F.2d 228 (4th Cir.1987). A trustee has the right to rid the estate of property that is burdensome or of inconsequential value and benefit to the estate. 11 U.S.C. 554. If a trustee neither abandons nor administers a scheduled asset, the asset is deemed to have been abandoned upon the closing of the case. 11 U.S.C. 554(c). However, property of the estate that is not abandoned and is not administered remains property of the estate. 11 U.S.C. 554(d). Thus, if property was not properly scheduled by a debtor, it is not abandoned when the bankruptcy case is closed. E.g., Vreugdenhill v. Navistar Int'l Transport Corp., 950 F.2d 524, 525 (8th Cir.1991) (<HOLDING>); In re Hamlett, 304 B.R. 737, 741
Holding statements: (A) holding that an undisclosed cause of action which existed at the time of filing remained an asset of the estate and allowing the debtor to reopen the case to formally schedule the cause of action (B) holding property that was technically abandoned under 554c was not brought back into estate by virtue of reopening the case (C) holding that a debtor must formally schedule the property before the close of the case in order for such property to be abandoned pursuant to section 554c (D) holding that the debtor could retain exempt property because it was not property of the estate (E) holding that property is not abandoned by operation of law unless the debtor formally scheduled the property before the close of the case

SOLUTION:
(C)