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.

Q: nonetheless entitled to claim derivative asylum relief based on the possibility that their citizen child would be subjected to FGM. In so assuming, the majority’s remand is illusory. Although the practice of FGM is considered persecution under our law, there is no threat here since a United States citizen child cannot be deported to the country of her parents’ birth, and the parents cannot claim an unrecognized form of derivative relief when they themselves cannot establish entitlement to asylum. By usurping the prerogative of Congress, which alone has the power to create a new basis for cancellation of removal, the majority violates the separation of powers doctrine and creates an unnecessary conflict with the Seventh Circuit. See Oforji v. Ashcroft, 354 F.3d 609, 618 (7th Cir.2003) (<HOLDING>). Like the petitioner in Oforji, Mr. and Mrs. 
 Holding statements: (A) holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review (B) holding that an alien parent may not establish a derivative claim for asylum by pointing to potential hardship to the aliens united states citizen child in the event of the aliens deportation (C) holding that inconsistencies in the aliens statements must go to the heart of the asylum claim to justify an adverse credibility finding (D) holding that the failure to notify aliens counsel of an order to appear for deportation violated the aliens statutory right to counsel (E) holding that the crime of bringing aliens to the united states is complete when the initial transporter who brings the aliens to the united states ceases to transport them

A: (B)
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Q: and the prosecutor, the Court finds, one, there is a factual basis for the entry of the plea[.]” We conclude that the summary of the facts presented by the prosecutor and Defendant’s stipulations are sufficient to establish a factual basis for Defendant’s guilty plea. Specifically, the prosecutor’s statements that the victim “is 80 years of age” and “is crippled in her knees with arthritis and requires a crutch to walk” and that Defendant “told his mother that he would kill her and cut her heart out[,]” “grabbed the victim[,]” and “slung her across the room twice and then hit her with her crutch” provided a sufficient factual basis to support Defendant’s guilty plea. See N.C. Gen. Stat. § 14-32.1(a) & (e); see also State v. May, 159 N.C. App. 159, 166, 583 S.E.2d 302, 306 (2003) (<HOLDING>). Accordingly, we conclude this argument has no 
 Holding statements: (A) holding that right to challenge factual basis is waived by guilty plea (B) holding that district court abused discretion in denying motion to withdraw plea based on intervening supreme court decision that may have rendered factual basis of plea insufficient (C) holding that based on the facts presented by the state and the defendants stipulation to the existence of a factual basis for his plea the court properly determined a factual basis for the plea existed (D) holding that although defendant is not entitled to appeal from his guilty plea as a matter of right his arguments challenging the factual basis for his guilty plea are reviewable pursuant to a petition for writ of certiorari (E) holding that district court properly considered a police report that the defendant had stipulated contained a factual basis for his plea

A: (C)
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Q: technician positions are “irreducibly military in nature.” Id. Unpersuaded by the plaintiffs attempt to distinguish the civilian nature of her duties, the court went as far as noting that “the National Guard as a whole is irreducibly military.” Id. at 440. The Sixth Circuit has adhered to this “bright line” rule and has continued to consistently hold that, because dual-status National Guard positions are “irreducibly military in nature,” discrimination claims brought by such technicians are non-justi-ciable. See e.g., Weaver v. Tennessee National Guard, 30 Fed.Appx. 554 (6th Cir.2002) (Title VII claim barred); Brown v. Roche, 206 Fed.Appx. 430, 432 (6th Cir.2006) (affirming Rule 12(b)(1) dismissal of plaintiffs ADEA claim); see also Bowers v. Wynne, 615 F.3d 455, 457 (6th Cir.2010) (<HOLDING>). In Bowers, the district court determined that 
 Holding statements: (A) holding claims based on title vii subject to arbitration (B) holding title vii and rehabilitation claims brought by a dualstatus air reserve technician barred (C) recognizing ageplusgender discrimination claim when complaint brought claims under adea and title vii (D) holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred (E) holding that air force mechanic was barred by feres from bringing claims under title vii and accordingly the court lacked subject matter jurisdiction over his claims under rule 12b1

A:
(B)
****
