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.

[EX Q]: States v. Olano, 507 U.S. 725, 733, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). By assenting to settlement in this action, Defendants waived, for example, the right to contest the EPA’s regulatory jurisdiction, which would have been an element of the EPA’s substantive claim. See United States v. Krilich, 209 F.3d 968, 972 (7th Cir.2000) (“[T]he interstate connection, i.e. that the waters involved were ‘waters of the United States,’ is merely an element of the United States’ Clean Water Act case under section 301.”), cert. denied, 531 U.S. 992, 121 S.Ct. 482, 148 L.Ed.2d 455 (2000); see also United States v. Wilson, 133 F.3d 251, 264 (4th Cir.1997) (indicating proof of interstate nexus is an element of criminal liability under CWA); United States v. Ahmad, 101 F.3d 386, 391 (5th Cir.1996) (<HOLDING>). Moreover, a consent decree “is an agreement 
 Holding statements: (A) recognizing that exhaustion is mandatory and jurisdictional (B) recognizing the existence of the special relationship (C) recognizing existence of two tests (D) recognizing the existence of purely jurisdictional elements (E) holding that one of the essential elements of an abuse of process claim is the existence of an ulterior motive
[EX A]: recognizing that exhaustion is mandatory and jurisdictional

[EX Q]: of decision, and this is how the INS has consistently understood these terms.”); Fierro v. Reno, 217 F.3d 1, 4 (1st Cir.2000) (“[Sjubject to possible limitation, we think that the requirement of ‘legal custody’ in section 1432 should be taken presumptively to mean legal custody under the law of the state in question.”). Our decision to look to state law is consistent with our practice in other areas of federal law generally, and immigration law specifically. For example, entitlement to federal social security benefits often hinges on marital status as defined by state law. See Califano v. Jobst, 434 U.S. 47, 52-53 n. 8, 98 S.Ct. 95, 54 L.Ed.2d 228 (1977); Purganan v. Schweiker, 665 F.2d 269, 270-71 (9th Cir.1982); see also Gillett-Netting v. Barnhart, 371 F.3d 593, 599 (9th Cir.2004) (<HOLDING>). Similarly, in the immigration context, 
 Holding statements: (A) holding that the federal due process clause protects a state employee who under state law has a legitimate claim of entitlement to state employment (B) holding that statute does not provide for the adjudication by the alj of a state law breach of contract action for damages that is independent of the aljs determination of entitlement to benefits under the terms of the applicable agreement (C) holding that determination of whether an official was acting on behalf of the state or the local government is determined by state law (D) holding that whether children are legitimate for purposes of entitlement to insurance benefits is determined by state law (E) holding that applicants for welfare benefits had a property interest or legitimate claim of entitlement and were entitled to due process to protect that interest
[EX A]: holding that the federal due process clause protects a state employee who under state law has a legitimate claim of entitlement to state employment

[EX Q]: in the majority opinion with one exception. I dissent from the majority’s harmless error analysis of the administrative law judge’s (“ALJ”) adverse credibility finding with respect to Carmickle. Maj. Op. at 1159-67. A. The Majority Applies an Incorrect Harmless Error Test. An ALJ’s error is harmless if, in light of the record-supported reasons supporting the adverse credibility finding, we can conclude that the ALJ’s error did not “affect! ] the ALJ’s conclusion.” Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1197 (9th Cir.2004); see also Stout v. Comm’r, Soc. Sec. Admin., 454 F.3d 1050, 1054-55 (9th Cir.2006) (describing the harmless error test as whether “the ALJ’s error did not materially impact his decision”); Robbins v. Soc. Sec. Admin., 466 F.3d 880, 885 (9th Cir.2006) (<HOLDING>). The majority disagrees. Instead, the majority 
 Holding statements: (A) recognizing that procedural sentencing error is harmless if the resulting sentence is not longer thanthat to which the defendant would otherwise be subject alterations and internal quotation marks omitted (B) holding that apprendi error is harmless if the court finds beyond a reasonable doubt that the result would have been the same absent the error internal quotation marks and citation omitted (C) holding that an error is harmless if it was inconsequential to the ultimate nondisability determination internal quotation marks omitted (D) holding that compliance with rule 3 is both a mandatory and jurisdictional prerequisite to appeal internal quotation marks omitted (E) holding that the petitioner may not turn a clerical error into a windfall of rights it would not otherwise enjoy internal quotation marks omitted
[EX A]:
recognizing that procedural sentencing error is harmless if the resulting sentence is not longer thanthat to which the defendant would otherwise be subject alterations and internal quotation marks omitted