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.
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Question: 879 (citations omitted). We think there is a reasonable fit here between the State’s purpose of protecting society from persons who have been determined to be likely to reoffend if not placed in a secure facility and their placement in such a facility. Therefore, Garren has failed to show a substantive due process violation. VII. Vagueness. Although Garren states in a division heading in his brief that chapter 229A is vague as applied and on its face, he makes no argument in his brief in support of the contention that the statute is vague as applied to him. We deem this issue waived. See Iowa R.App.P. 14(a)(3) (“Failure in the brief to state, to argue or to cite to authority in support of an issue may be deemed waiver of that issue.”); State v. Cooley, 608 N.W.2d 9, 13-14 (Iowa 2000) (<HOLDING>). Consequently, Garren is precluded from 
 Holding statements: (A) holding issue first addressed in appellants reply brief was not waived because it was in response to argument first presented in appellees brief (B) holding issue waived where matter not addressed beyond reference in heading in brief (C) holding that an issue mentioned in a brief but not addressed is waived (D) holding issues argued orally but not addressed in brief were waived (E) holding an issue listed in statement of issues on appeal but not addressed in brief is abandoned

Answer: holding issue first addressed in appellants reply brief was not waived because it was in response to argument first presented in appellees brief


Question: that may be considered in determining punishment are the subject of article 37.07 of the Texas Code of Criminal Procedure. See Tex.Code CRIM. PROC. Ann. Art. 37.07 (Vernon Supp.2004). This statute authorizes the admission of evidence in the punishment phase of trial as to any matter the court deems relevant to sentencing. Id. The circumstances of the offense are relevant to sentencing and may be considered by the trier of fact in determining the punishment to be assessed. Murphy v. State, 777 S.W.2d 44, 63 (Tex.Crim.App.1989). One circumstance of the offense that may be considered is the degree of injury to the victim so long as the fact finder may rationally attribute moral culpability to the accused for that injury. Stavinoha v. State, 808 S.W.2d 76, 78-79 (Tex.Crim.App.1991) (<HOLDING>); Miller-El v. State, 782 S.W.2d 892, 896 
 Holding statements: (A) holding that sexual assault coercion and harassment certainly may violate contemporary standards of decency and cause physical and psychological harm (B) holding in aggravated sexual assault case that testimony regarding psychological trauma suffered by child victim and its physical manifestations properly admitted (C) holding that psychological conditions resulting from workrelated trauma are compensable (D) recognizing trauma that new trial would likely bring to victim of child sexual assault (E) recognizing the purpose of missouris child victim witness protection law sec 491675 et seq as an attempt to minimize the emotional and psychological trauma to the alleged child victim

Answer: holding that sexual assault coercion and harassment certainly may violate contemporary standards of decency and cause physical and psychological harm


Question: the undisputed facts do not establish that Perez currently lives in the Dominican Republic or is a member of the police force in that country, as Pau-lino asserts. Moreover, the evidence does not show that any public official in the Dominican Republic would consent or acquiesce to the mistreatment of Paulino. The record, therefore, does not compel the conclusion that Paulino is entitled to deferral of removal under the CAT. Finally, to the extent that Paulino takes issue with the BIA’s resolution of factual issues (such as whether Perez lives in the Dominican Republic or is a police officer there), and its weighing of the evidence presented, we agree with respondent that we lack jurisdiction to review those issues. See Jarbough v. Att’y Gen., 483 F.3d 184, 189 (3d Cir.2007) (<HOLDING>). III. For the reasons stated, we will deny the 
 Holding statements: (A) recognizing that the bia must defer to the factual findings of the ij unless they are clearly erroneous (B) holding that an attorneys arguments are not evidence (C) recognizing that arguments such as that an ij or the bia incorrectly weighed evidence failed to consider evidence or improperly weighed equitable factors are not questions of law under  1252a2d (D) holding that we will not review an issue or claim that was not presented to the bia in the petitioners notice of appeal or brief to the bia even if the bia considered the issue or claim sua sponte (E) holding that review of questions not raised to the bia is barred

Answer:
recognizing that the bia must defer to the factual findings of the ij unless they are clearly erroneous