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 Input:
which a sentence of one year or longer may be imposed. See 8 U.S.C. §§ 1252(a)(2)(C), 1182(a)(2)(A), 1227(a)(2)(A)®. Furthermore, § 1252(a)(2)(B) precludes judicial review of: (i) any judgment regarding the granting of relief under [INA § 212(h), 8 U.S.C. § 1182(h) ] or (ii) any other decision or action of the Attorney General or the Secretary of Homeland Security the authority for which is specified under this subchapter to be in the discretion of the Attorney General or the Secretary of Homeland Security® 8 U.S.C. § 1252(a)(2). However, despite the jurisdictional limitations in § 1252(a)(2)(C) and (a)(2)(B), we are not precluded from reviewing constitutional claims or questions of law raised in a properly filed petition for review. 8 U.S.C. § 1252(a)(2)(D); Balogun, 425 F.3d at 1359 (<HOLDING>); see also Frech v. U.S. Att’y Gen., 491 F.3d 
 Holding statements: (A) holding that the real id act gave us jurisdiction to review a criminal aliens petition for review of an order of removal raising a question of law (B) holding no jurisdiction to review order raising amount of bail and questioning jurisdiction to review denial of motion to reduce bond (C) holding that the real id act leaves this court deprived of jurisdiction to review discretionary and factual determinations (D) holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review (E) holding that a habeas petition filed more than 30 days after the effective date of the real id act cannot be transferred to the court of appeals as a petition for review for lack of jurisdiction

Ex Output:
holding no jurisdiction to review order raising amount of bail and questioning jurisdiction to review denial of motion to reduce bond


Ex Input:
If a statement does not contain any expressly exculpatory material, the Government need not produce that statement to the defense. To hold otherwise would impose an insuperable burden on the Government to determine what facially non-exculpatory evidence might possibly be favorable to the accused by inferential reasoning. We are confident that the Supreme Court did not intend the Brady holding to sweep so broadly. United States v. Comosona, 848 F.2d 1110, 1115 (10th Cir.1988); see also Harris v. Kuba, 486 F.3d 1010, 1016 (7th Cir.2007) {“Brady does not require that police officers or prosecutors explore multiple potential inferences to discern whether evidence that is not favorable to a defendant could become favorable.”); United States v. Marrero, 904 F.2d 251, 261 (5th Cir.1990) (<HOLDING>). The Court finds that just such inferential 
 Holding statements: (A) holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under  rule 38b (B) holding that there is no constitutional duty to do a better investigation and that a decision not to conduct a more thorough investigation does not invade an accuseds rights (C) holding that the burden is on the plaintiff (D) holding that the burden is upon the state under the applicable federal rules of evidence (E) holding that brady does not place any burden upon the government to conduct a defendants investigation or assist in the presentation of the defenses case

Ex Output:
holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under  rule 38b


Ex Input:
before May 9 that he wanted nothing to do with union representation and neither did Emerson. Id. at 188. The evidence accepted in Transpersonnel, and indeed in Levitz, are the same types of evidence presented by Mullican Lumber — statements received from its employees, who were members of the bargaining unit, who presumably voted, and who presented this information in an effort to accelerate the decertification process. The General Counsel also argues that in cases applying the Levitz standard, the probative value of hearsay evidence should be slight. We need not, however, decide the relevant weight of the evidence presented by Mullican Lumber — except to conclude that it was sufficiently substantial to be probative — inasmuch as the General Counsel offered 8, 731 (6th Cir.1980) (<HOLDING>); Heritage Hall, 333 N.L.R.B. 458, 458 n. 4 
 Holding statements: (A) holding that educational records are not privileged under ferpa (B) holding that communications to the police are conditionally privileged (C) holding that trial court properly refused to permit disclosure of privileged communications in part because use of the privileged information was not essential to the defense (D) holding that authorization cards are privileged from disclosure to employer (E) holding that the inadvertent disclosure of a privileged document does not waive the attorneyclient privilege if attorney took all reasonable steps to avoid disclosure and asserted the privilege as soon as the disclosure became known

Ex Output:

holding that educational records are not privileged under ferpa