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.

[Q]: of the INS were transferred to the Department of Homeland Security. Homeland Security Act of 2002, Pub.L. No. 107-296, § 471(a), 116 Stat. 2135, 2205 (codified at 6 U.S.C. § 291(a)). 3 . Petitioner argues that it was inappropriate to look to the treatment of his family members in determining the likelihood of petitioner being persecuted if he returns to Algeria, because his situation is not identical to theirs. This is mistaken; relatives' situations in the home country, while not conclusive, are certainly relevant. See Aguilar-Solis, 168 F.3d at 573 ("Without some explanation, the fact that close relatives continue to live peacefully in the alien’s homeland undercuts the alien’s claim that persecution awaits his return”); In re A-E—, 21 I. & N. Dec. 1157, 1160 (BIA 1998) (en banc) (<HOLDING>). 4 . Petitioner also argues that the BIA 
 Holding statements: (A) holding that the reasonableness of an aliens fear of persecution is reduced when his family remains in his native country unharmed for a long period of time after his departure (B) holding that the state could not under any circumstances be charged for the delay during the period the defendant was held after his arrest for and until his conviction on felony charges in another jurisdiction (C) holding that an applicant may establish eligibility for asylum based exclusively on activities undertaken after his arrival in the united states so long as he demonstrates that authorities in his country are aware of his activities or likely to become aware of his activities (D) holding that a witness may testify about his subjective interpretation of a conversation in which he is participating as long as his opinion is rationally based on his perception and is helpful either to an understanding of his testimony or to the determination of a fact in issue (E) holding the respondent  implicitly exercised his right to withdraw his voluntary departure request and instead  elected to remain to pursue his motion
[A]: holding that the state could not under any circumstances be charged for the delay during the period the defendant was held after his arrest for and until his conviction on felony charges in another jurisdiction


[Q]: by jury is a fundamental guaranty of the rights and liberties of the people. C Prudential that the right to trial by jury is a constitutional right means that the starting point of our analysis is a presumption against the waiver of this constitutional right. See, e.g., Aetna Ins. Co., 301 U.S. at 393, 57 S.Ct. at 811-12; In re Prudential, 148 S.W.3d at 132 (giving right to trial by jury “same protections as other constitutional rights”); accord Ex parte Cupps, 782 So.2d 772, 775 (Ala.2000) (construing scope of contractual jury waiver strictly and narrowly “in deference to the constitutional guarantee of the right to a jury trial”); see also Note, 58 Baylor L.Rev. at 259. But see Lowe Enters. Residential Partners, L.P. v. Eighth Judicial Dist. Ct., 118 Nev. 92, 40 P.3d 405, 410 (2002) (<HOLDING>). Despite the existence of a presumption 
 Holding statements: (A) holding that prospective waivers of claims are void as against public policy (B) holding that the government was not bound by its waivers in three prior contracts (C) holding that german law presumptively confers joint custody upon both parents until a court enters a contrary order (D) holding  without reference to supreme court case law to the contrary  that in nevada contractual jury waivers are presumptively valid (E) holding appellate waivers are enforceable if invoked by the government
[A]: holding that prospective waivers of claims are void as against public policy


[Q]: to fair warning, Rogers v. Tennessee, 582 U.S. 451, 457-59, 121 S.Ct. 1693, 149 L.Ed.2d 697 (2001), such concerns are not present in the civil context. In the civil context, the “law applicable to a particular case does not turn on “whethe or Express, 181 F.3d 799, 806 (7th Cir.1999) (stating that “when a question of retroactivity is involved” the party claiming a due process violation must show that the provision in question is arbitrary and irrational). As discussed earlier, the Wisconsin Supreme Court explained in great detail in Collins why it adopted the risk contribution doctrine and in Thomas why it applied it in the lead paint context. Nothing about the court’s reasoning is arbitrary and irrational. See generally United States v. Monsanto Co., 858 F.2d 160, 174 (4th Cir.1988) (<HOLDING>). Nor does application of the risk contribution 
 Holding statements: (A) holding change of law from apportionment of liability to sole liability of current insurer affected substantive rights of parties and could not be given retroactive effect (B) holding that the act is not retroactive (C) holding that the act is retroactive (D) holding that retroactive liability under comprehensive environmental response compensation and liability act of 1980 which allocates to the defendant the burden of disproving causation comports with due process (E) holding no liability existed under the circumstances
[A]:
holding change of law from apportionment of liability to sole liability of current insurer affected substantive rights of parties and could not be given retroactive effect