instruction:
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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
interests that a lawful permanent resident or even an illegal entrant residing more than two weeks may have developed.... Diaz Rodriguez has not shown that he has been lawfully admitted, so the due process rights of a lawfully admitted citizen are not implicated here.”). Accordingly, Petitioner has no constitutional due process rights in relation to her admission beyond that authorized by Congress. The restricted habeas review provisions set forth in Section 1252 adequately protect Petitioner’s rights because she has a meaningful review of the cause for her exclusion and of the Executive’s power to exclude her. The writ therefore has not been suspended and the Court lacks jurisdiction to review Petitioner’s claims. See Garcia de Rincon, 539 F.3d at 1140-41; Lorenzo, 508 F.3d at 1281 (<HOLDING>); Vaupel, 244 Fed.Appx. at 895 (holding that 
 Holding statements: (A) holding that section 1252e2 clearly does not permit court to review whether expedited removal statute applies in first place (B) holding that court of appeals lacked jurisdiction to review aliens habeas claims seeking review of expedited removal order including whether expedited removal statute was lawfully applied to alien and whether expedited removal procedures violated his right to due process because language of section 1252e5 clearly precludes review in habeas proceedings of whether alien is actually inadmissible or entitled to any relief from removal (C) holding that strict limitations set forth in section 1252e preclude judicial review of any constitutional or statutory claims related to the underlying expedited removal order (D) holding that  1252a2a barred review of petitioners claims including asapplied due process challenges to expedited removal order (E) holding prior to enactment of section 1326d that a person charged with illegal reentry has a constitutional right to collaterally attack the underlying removal order when a due process violation in a removal proceeding amounts to a complete deprivation of judicial review
answer:
holding that section 1252e2 clearly does not permit court to review whether expedited removal statute applies in first place


question:
quantity function as elements by increasing the maximum penalty a defendant may receive, are they elements of an aggravated offense or are they sentencing factors with heightened due process requirements? See id. at 573, 575 (Hug, J., concurring) (disagreeing with the majority’s apparent conclusion that the penalty provisions of § 841(b) are not elements of the offense). The district court correctly interpreted Buckland as holding that drug type and quantity are not elements of the offense, but rather are material facts that must be submitted to the jury and proved beyond a reasonable doubt. The Buckland opinion emphasized that the relevant inquiry is not whether a penalty provision is an element, but rather whether it exposes the defendant to a longer sentence than woul (9th Cir.2002) (<HOLDING>); United States v. Minore, 292 F.3d 1109, 
 Holding statements: (A) recognizing that sentencing judges have the discretion to reject any sentencing guideline but no judge is required to do so (B) holding jury is entitled to accept the states version of the facts and reject appellants version or reject any of the witnesses testimony (C) holding that biased on buckland we must reject valensias contention that the sentencing provisions of  841 create separate crimes (D) holding that under the crimes code conspiracy and the completed substantive offense are separate crimes (E) holding the crimes merge where the jury was not asked to determine whether two assaults occurredeventhough the evidence may have been sufficient to support separate crimes
answer:
recognizing that sentencing judges have the discretion to reject any sentencing guideline but no judge is required to do so


question:
RESPA regulation’s exceptions, but Defendant does not proffer any argument on to that point. (See Doc. # 15). Defendant sent Plaintiff a combined notice of service transfer on February 14, 2014, more than fifteen days prior to the transfer’s effective date (and which otherwise complies with RESPA’s notice requirements). (Docs. # 15, 15-1); see also 12 U.S.C. §§ 2605(b)(3). The provision, not the receipt, of notice is all that RESPA mandates. See U.S.C. §§ 2605. Regardless, Plaintiff has advanced no allegations that demonstrate actual damages caused by any RESPA violations. See Madura v. BAC Home Loans Servicing, LP, 593 Fed.Appx. 834, 843 (11th Cir.2014) (per curiam) (citing 12 U.S.C. § 2605(f)); see also Frazile v. EMC Mortg. Corp., 382 Fed.Appx. 833, 836 (11th Cir. 2010) (per curiam) (<HOLDING>). “To the extent [Plaintiff] raises the 
 Holding statements: (A) holding that showing damages caused by the failure to provide notice of transfer is a necessary element of a respa claim (B) recognizing that allegation of state action is a necessary element of a  1983 claim (C) holding an allegation of damages is a necessary element of any claim under  2605 (D) holding that prejudice or injury is a necessary element of standing (E) holding that an antitrust injury is a necessary element of a  2 claim
answer:

recognizing that allegation of state action is a necessary element of a  1983 claim