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.

Input: Consider Input: Supreme Court rejected Cook’s claim of error on direct appeal, finding that the prosecutor’s comments were not directed at Cook’s decision not to testify, and that the comment about the videotape was invited by Cook’s cross-examination and argument. Cook, 821 P.2d at 741-43. The district court agreed that the comments were either comments on the state of the evidence or invited by Cook’s arguments and cross-examination. In addition, the district court found that, if there was error, it was harmless under Brecht v. Abrahamson, 507 U.S. 619, 631, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). Comment on the refusal to testify at trial violates a defendant’s Fifth Amendment right against self-incrimination. See Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) (<HOLDING>). Also, a prosecutor’s comment on a defendant’s 
 Holding statements: (A) recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify (B) holding that it is improper for prosecutor to comment on accuseds postarrest silence (C) holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation (D) holding fifth amendment prohibits comment on accuseds testimonial silence (E) holding that the fifth amendment  forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt

Output: recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify


Input: Consider Input: Joseph F. Nascimento and his minor daughter Kendall E. Nascimento appeal pro se the district court’s dismissal, pursuant to Fed.R.Civ.P. 12(b)(6), of their civil rights action seeking reversal of a Montana state court decision regarding the custody of Kendall Nascimento. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court’s dismissal and affirm. See H.C. v. Koppel, 203 F.3d 610, 613 (9th Cir.2000) (<HOLDING>); see also Branson v. Nott, 62 F.3d 287, 291 
 Holding statements: (A) holding that a court should abstain when an exercise of jurisdiction might lead to a parallel federal regulatory review mechanism complicating state administration (B) holding that federal district courts should abstain from interfering with pending state court proceedings (C) holding that courts should only abstain under younger if the state proceedings are coercive and not remedial and citing a number of district court opinions (D) recognizing that the longstanding public policy against federal court interference with state court proceedings generally requires federal courts to abstain from involvement in state criminal proceedings (E) holding that federal courts should apply state substantive law

Output: holding that a court should abstain when an exercise of jurisdiction might lead to a parallel federal regulatory review mechanism complicating state administration


Input: Consider Input: omitted). The BIA did not abuse its discretion in denying Lin’s motion to reopen proceedings based on his failure to abide by the time limitations for such motions. Lin filed his motion in April 2006, more than one year after the BIA’s issuance of its final decision in March 2005, and long after the ninety-day deadline for the filing of motions to reopen had passed. 8 U.S.C. § 1229a(c)(7)(C); 8 C.F.R. § 1003.2(c)(2). Although Lin argues in his brief to this Court that the arrest warrant he submitted to the BIA constituted evidence of changed country conditions, this Court lacks jurisdiction to consider this issue in light of the Government’s argument that he failed to administratively exhaust it before the BIA. Cf. Lin Zhong v. U.S. Dep’t of Justice, 461 F.3d 101 (2d Cir.2006) (<HOLDING>). It is possible that the warrant provided new 
 Holding statements: (A) holding that issue exhaustion is not jurisdictional and thus waived if not raised by the government (B) recognizing that issue exhaustion is a mandatory although not jurisdictional requirement (C) holding that under 8 usc  1252d1 issue exhaustion while mandatory is not a jurisdictional requirement and consequently a failure to exhaust may be waived by the government (D) holding that exhaustion is mandatory and jurisdictional (E) holding that issue exhaustion is mandatory even if not a statutory jurisdictional requirement


Output: holding that issue exhaustion is not jurisdictional and thus waived if not raised by the government