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.

Example Input: of limitations have been held as not capable of waiver or subject to an estoppel, whether pled or not.”) (internal quotation marks omitted). The dissenting opinion cites several re-, cent Supreme Court decisions in support of the proposition that the statute of limitations set forth at section 2501 is not jurisdictional, including Day v. McDonough, — U.S. -, 126 S.Ct. 1675, 164 L.Ed.2d 376 (2006); Arbaugh v. Y & H Corp., — U.S. -, 126 S.Ct. 1235, 163 L.Ed.2d 1097 (2006), Eberhart v. United States, — U.S. -, 126 S.Ct. 403, 163 L.Ed.2d 14 (2005) (per curiam), Scarborough v. Principi, 541 U.S. 401, 124 S.Ct. 1856, 158 L.Ed.2d 674 (2004), and Kontrick v. Ryan, 540 U.S. 443, 124 S.Ct. 906, 157 L.Ed.2d 867 (2004). None of the foregoing decisions address section 2501. Day, 126 S.Ct. at 1681 (<HOLDING>); Arbaugh, 126 S.Ct. at 1245 (addressing 
 Holding statements: (A) holding that the oneyear statute of limitations for filing a habeas petition under the antiterrorism and effective death penalty act of 1996 is not jurisdictional (B) holding that the oneyear statute of limitations under the antiterrorism and effective death penalty act aedpa begins to run on the date a prisoner dismisses his direct appeal because his conviction is then final (C) holding that aedpas oneyear period of limitations does not support a delay of filing of habeas petition by capital defendant (D) holding that in a designation of a foreign terrorist organization under the antiterrorism and effective death penalty act of 1996 aedpa the governments use of classified information without permitting the organization to view the information did not violate the organizations due process rights (E) holding that neither the antiterrorism and effective death penalty act of 1996 nor the illegal immigration reform act of 1996 repealed the district courts jurisdiction to review aliens habeas petitions
Example Output: (A)

Example Input: otherwise nonremovable claims or causes of action, the entire case may be removed and the district court may determine all issues therein, or, in its discretion, may remand all matters in which State law predominates. 28 U.S.C. § 1441(c). While the amended third-party complaint alleges a claim involving a federal question against the Chase Defendants, the Circuits are split on whether section 1441(c) permits removal by a third-party defendant. Compare Lewis v. Windsor Door Co., 926 F.2d 729, 733 (8th Cir.1991) (‘We do not ... believe § 1441(c) was intended to effect removal of a suit, not otherwise within federal jurisdiction, because of the introduction of a third-party claim.” (internal quotations omitted)) and First Nat’l Bank of Pulaski v. Curry, 301 F.3d 456, 465 (6th Cir.2002) (<HOLDING>) with Carl Heck Eng’rs, Inc. v. Lafourche 
 Holding statements: (A) holding that review of an original removal decision and a subsequent removal order are distinct (B) holding that removal under section 1441c may only be done by the original defendant (C) holding that  1441c does not allow the remand of claims that are not separate and independent (D) recognizing that  1441c limits removal to situations in which a federal question is joined with a separate and independent claim of a nonfederal nature (E) holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand
Example Output: (B)

Example Input: dismissal when “it plainly appears from the face of the motion, any annexed exhibits and the prior proceedings in the case that the movant is not entitled to any relief’). Conwill timely appealed the judgment dismissing his PCR motion. Discussion ¶ 14. The involved background facts and procedural history, once sorted, lead to a straightforward conclusion: Conwill is not entitled to an out-of-time appeal. I. Time Allowed for Giving a Notice of Appeal ¶ 15. To prove the right to an out-of-time appeal, Conwil e of appeal was filed within the thirty days following the sentencing order. ¶ 16. In his PCR motion, Conwill does not challenge the waiver he pronounced to the court in May 2008, at his burglary sentencing hearing. See Davis v. State, 36 So.3d 456, 460 (¶ 13) (Miss.Ct.App.2010) (<HOLDING>). Instead, he asserts that, because he later 
 Holding statements: (A) holding that one must voluntarily and intelligently waive the right to counsel (B) holding that an accused may voluntarily waive his or her right of appeal so long as the waiver is informed and voluntary quoting 24 cjs criminal law  2349 2006 (C) holding that under the sixth amendment a criminal defendant may waive his right to counsel if that waiver is knowing intelligent and voluntary (D) recognizing that courts will enforce waiver of appeal rights when waiver is knowing and voluntary (E) holding that an appeal waiver is valid when it is entered into knowingly and voluntarily
Example Output:
(B)