Detailed Instructions: 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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Problem:the protection of [a lesser standard of review] but are subject to de novo review." In re Kretzinger, 103 F.3d 943, 946 (10th Cir.1996) (quotation omitted); see also Brue v. Gonzales, 464 F.3d 1227, 1232 (10th Cir.2006) (discussing vs., 470 F.3d 509, 513-14 (2d Cir.2006) (finding legal error when "[a]lthough the BIA cited the proper legal standard at the outset of its decision, it failed to apply this deferential standard of review when evaluating the IJ's credibility finding"). B Under 8 C.F.R. 1003.1(d)(3)©️, the BIA cannot "engage in de novo review of findings of fact determined by an [IJ]." Instead, the BIA reviews those facts found by the IJ including credibility determinations only to determine whether they are clearly erroneous. Id.; see also RamirezPeyro, 477 F.3d at 641 (<HOLDING>). "A finding is 'clearly erroneous' when
Holding statements: (A) recognizing that factual findings were clearly erroneous where the record before the court was simply devoid of any basis for the district courts conclusion (B) holding that the lower court is the factfinding body and that its findings of fact will not be set aside on appellate review unless they are clearly erroneous (C) holding that appellate court must defer to all implied factual findings supported by record (D) recognizing that the bia must defer to the factual findings of the ij unless they are clearly erroneous (E) holding that this court will only set aside district courts factual findings when they are clearly erroneous
Solution:
recognizing that factual findings were clearly erroneous where the record before the court was simply devoid of any basis for the district courts conclusion