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.

Example Input: as well as recent country reports and his own affidavit, the BIA did not abuse its discretion in concluding that he failed to provide sufficient evidence to support his allegation that conditions in China have materially changed. We have previously reviewed the BIA’s consideration of similar evidence in the context of an untimely motion to reopen and have found no abuse of discretion in its conclusion that such evidence was insufficient to establish changed conditions in China. Id. at 275 (noting that while the BIA must consider evidence such as “the oft-cited Aird affidavit, which [it] is asked to consider time and again[,] ... it may do so in summary fashion without a reviewing court presuming that it has abused its discretion”); Jian Huan Guan, v. BIA, 345 F.3d 47 (2d Cir.2003) (<HOLDING>). In addition, we find that the BIA did not 
 Holding statements: (A) holding that the bia did not abuse its discretion in denying a petitioners untimely motion to reopen where she submitted proof of the birth of her two sons a letter from her parents warning of the danger of forced sterilization and a purported sterilization certificate for her cousin who also had two children (B) holding that bia abused its discretion in denying motion to reopen (C) holding that a plaintiff who pled in her complaint that her law firm actively misled her in support of her request for application of the discovery rule had sufficiently pled the application of the doctrine (D) holding that the bia correctly imputed a parents knowledge that she and her children were not eligible for entry to the united states to her children (E) holding that the bia abused its discretion in denying a motion to reopen when it failed to consider the argument before it
Example Output: holding that bia abused its discretion in denying motion to reopen

Example Input: apace notwithstanding an alien’s parole status ‘or possibility of arrest or further imprisonment.’ ” Id. (quoting 8 U.S.C. § 1231(a)(4)(A)). The court determined that § 1231(a)(4)(A) implicitly endorsed the proposition that “deportation leaves an existing term of parole intact” because “an alien may be deported and later face incarceration for violating his parole.” Id. Therefore, the court held “that, under federal law, deportation does not automatically extinguish an existing term of parole.” Id. Just as in Carrasco-Mateo, the Oregon court in the instant case did not lose authority over Barrera merely because he was deported. Id. This decision is in accord with other circuit courts that have addressed similar issues. See United States v. Phillips, 413 F.3d 1288, 1292 (11th Cir.2005) (<HOLDING>); United States v. Williams, 369 F.3d 250, 
 Holding statements: (A) holding that deportation did not cut short appellants parole term regardless of appellants subjective beliefs (B) holding that deportation does not extinguish term of parole (C) holding that appellants privacy interests under the us and texas constitutions were not invaded when officer walked up appellants driveway to allow drug dog to sniff appellants garage door (D) holding that parole survives deportation (E) holding officers articulated reasonable suspicion justified appellants contin ued detention to await canine unit when officer suspected appellant of drug trafficking based on appellants prior arrests for drug offenses appellants lie about his prior criminal history and appellants possession of small jewelers bags used in cocaine trafficking
Example Output: holding that deportation does not extinguish term of parole

Example Input: at the time in question, we see no useful purpose in pursuing[the first step of Saucier].” The majority’s reasoning is deficient in the context of qualified immunity. The first step of Saucier asks whether, viewing the evidence in the light most favorable to the allegedly injured party, the record establishes a constitutional violation. 533 U.S. at 201, 121 S.Ct. 2151. Nothing about this inquiry requires this court to resolve factual disputes in the record. In fact, the Supreme Court has clarified that the first step of the Saucier inquiry in no way requires courts to assume a fact-finding capacity; rather, a court generally just adopts the version of the facts set forth by the party challenging immunity. Scott v. Harris, 550 U.S. 372, 381 n. 8, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007) (<HOLDING>). Thus, contrary to the majority’s reasoning, 
 Holding statements: (A) recognizing that whether a duty exists is a question of law for the courts (B) holding that the dispositive question in the first step of saucier  whether those facts establish a constitutional violation  is a pure question of law (C) recognizing but finding inapplicable pure question of law exception to doctrine of exhaustion (D) holding that generally the question of waiver and estoppel is a question of fact (E) holding that the question of whether an existing constitutional right is infringed is strictly a question of law
Example Output:
recognizing that whether a duty exists is a question of law for the courts