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: exception, which provides that “[t]here is no time limit on the filing of a motion to reopen” if the motion “is based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and would not have been discovered or presented at the previous proceeding.” 8 U.S.C. § 1229a(c)(7)(C)(ii). After review of the administrative record and consideration of the parties’ briefs, we dismiss the petition in part and deny the petition in part. I Ms. Lian acknowledges that binding circuit precedent prohibits us from reaching her challenge to the BIA’s refusal to reopen her proceedings sua sponte under 8 C.F.R. § 1003.2(a). See Lenis v. U.S. Att’y Gen., 525 F.3d 1291, 1293 (11th Cir.2008) (<HOLDING>). Nonetheless, Ms. Lian urges us to overrule 
 Holding statements: (A) holding that we lack jurisdiction to review a claim not brought before the bia even when the bia addresses it sua sponte (B) holding that this court lacks jurisdiction to review claims that have not been raised before the bia (C) holding that this court lacks jurisdiction to review decisions of the bia refusing to reopen immigration proceedings sua sponte (D) holding that a decision of the bia whether to reopen a case sua sponte under 8 cfr  10032a is entirely discretionary and therefore beyond the courts review  ie the court lacks jurisdiction to review the bias decision not to reopen (E) holding that the court lacks jurisdiction to review legal arguments not raised before the bia

SOLUTION: (C)

PROBLEM: fees, an award of reasonable fees is mandatory, as long as there is proof of reasonable fees ... and the plaintiff has been awarded damages.” Mathis v. Exxon Corp., 302 F.3d 448, 462 (5th Cir.2002), citing Tex. Civ. Peac. & Rem. Code Ann. § 38.001(8) (Vernon 2002). Accord Coffel v. Stryker Corp., 284 F.3d 625, 640 (5th Cir.2002) (“[t]he award of reasonable attorneys’ fees is mandatory under § 38.001 if the plaintiff prevails in his or her breach of contract claim and recovers damages”). The only discretion the Fifth Circuit permits is discretion to determine the amount of the attorney’s fees award. See id. The availability of a section 38.001 award is not conditioned on a contractual provision for attorney’s fees. See, e.g., Holland v. Wal-Mart Stores Inc., 1 S.W.3d 91, 95 (Tex. 1999) (<HOLDING>); Golden v. Murphy, 611 S.W.2d 914, 915 
 Holding statements: (A) holding award of attorneys fees to party prevailing on contract claim is mandatory under section 38001 if there is proof of the reasonableness of the fees (B) holding that prevailing party to contract dispute may recover attorneys fees either pursuant to contract or pursuant to statute (C) holding that prevailing party was entitled to attorneys fees under an option contract which had expired prior to litigation because the parties were litigating their performance under the terms of the contract (D) holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees (E) holding defendant waived request for fees pursuant to contract provision by only generally referring to fees in the answer and not citing the contract

SOLUTION: (B)

PROBLEM: Fam.Code Ann. § 107.013. 58 . See Strickland v. Washington, 466 U.S. 668, 685-86, 104 S.Ct. 2052, 2063-64, 80 L.Ed.2d 674 (1984); 519 U.S. at 128, 117 S.Ct. at 570. This statutory right may not be taken away without due process of law. Cf. Steny v. State, 959 S.W.2d 249, 257 (Tex. App.-Dallas 1997, no pet.) (recognizing that a criminal defendant has no constitutional right to have jury assess punishment, but does, however, have a statutory right to have the jury assess punishment and that this valuable statutory right may not be taken away without due process of law). 59 . See Santosky, 455 U.S. at 764, 102 S.Ct. at 1400. 60 . Compare Rylander v. State, 75 S.W.3d 119, 125 (Tex.App.-San Antonio 2002, pet. granted) with Peeler v. Hughes & Luce, 909 S.W.2d 494, 4 an Antonio 1990, no writ) (<HOLDING>); Turner v. Lutz, 654 S.W.2d 57, 59-60 
 Holding statements: (A) holding that trial courts failure to appoint parent an attorney ad litem in termination proceeding was reversible error (B) holding that a statute that provided that the court may appoint a guardian ad litem left the court with discretion to make an appointment (C) holding the trial court had jurisdiction where summons was served on the attorney advocate for the juveniles guardian ad litem (D) holding denial of a petition to vacate a termination order was reversible error (E) holding that guardian ad litem and psychologist fees incurred in child custody proceedings and ordered to be paid directly to the guardian ad litem and psychologist were nondischargeable under  523a5

SOLUTION:
(A)

