With no explanation, chose the best option from "A", "B", "C" or "D". (7th Cir.2005), is instructive. In Labojew-ski, the petitioner, a citizen of Poland, entered the United States on a visitor’s visa in 1987. He overstayed the visa and was deported in 1990. He illegally reentered the United States in 1992 or 1993 using a false passport and visa. In 1994, his mother, a lawful permanent resident, filed an 1-130 petition on his behalf, and in 2001, the petitioner applied for adjustment of status under § 245(i). ICE discovered that the petitioner had reentered the United States after being removed, and reinstated his removal orders under § 241(a)(5). The petitioner argued that because he had illegally reentered the United States before Congress passed § 241(a)(5), it should not apply retroactiv 2003); Padilla v. Ashcroft, 334 F.3d 921, 925 (9th Cir.2003) (<HOLDING>). Lino acknowledges these cases but does not

A: holding that an alien who entered this country illegally from mexico could establish domicile
B: holding ineligible for adjustment of status alien who was inadmissible due to reentry after prior removal
C: holding that an alien who illegally reenters this country is not eligible for adjustment of status because the reinstatement provision controls
D: holding that the bias denial of a motion to reopen based on the merits of the underlying application for adjustment of status was a discretionary decision under the adjustment of status statute and this court therefore did not have jurisdiction over an appeal of the bias ruling
C.