Read the following excerpt from a US court opinion:
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a separate motion. 7 . In referring to aliens entitled to voluntary departure as “favored,” we follow the same characterization as used by the Supreme Court in Dada which stated, “We must be reluctant to assume that the voluntary departure statute was designed to remove this important safeguard [motion to reopen] for the distinct class of deportable aliens most favored by the same law.” Dada, 554 U.S. at 18, 128 S.Ct. 2307. 8 . This case is distinguishable from cases where the alien filed a motion to reopen during the seven-month window, but explicitly requested a stay of the voluntary departure period pending adjudication of the motion indicating that the alien had no intention to relinquish the voluntary departure agreement. See Blackman v. Att'y Gen., 414 Fed.Appx. 415 (3d Cir.2011) ; see also Ramirez-Mena v. Holder, 324
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What is the most suitable continuation to the opinion? Your options are:
A. holding bia did not err in determining request for stay of voluntary departure is not an implicit request for a withdrawal of voluntary departure
B. holding motion to reopen seeking adjustment of status constituted a withdrawal of the request for voluntary departure and the adjustment motion was therefore not barred based on failure to depart within the voluntary departure time allowed
C. holding the respondent  implicitly exercised his right to withdraw his voluntary departure request and instead  elected to remain to pursue his motion
D. holding the bia did not err in denying aliens motion to stay voluntary departure period pending determination on the motion to reopen
E. holding that bia did not err in denying motion to reopen that was filed after expiration of aliens voluntary departure period because alien had failed to depart
Reply with [A, B, C, D, E] only.