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. 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: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)