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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Input: Consider Input: a hearing mandated if he can show that a fundamental miscarriage of justice would result from failure to hold a federal evidentiary hearing.” Id. at 12, 112 S.Ct. 1715. It appears, however, that AEDPA overruled the “fundamental miscarriage of justice” exception, and that at this time, district courts cannot order evi-dentiary hearings unless the requirements of § 2254(e)(2) are met. See Shumate v. Newland, 75 F.Supp.2d 1076, 1084, 1098-99 (N.D.Cal.1999) (“AEDPA, however, has ‘reduced considerably the degree of the district court’s discretion’ by imposing threshold requirements that must be met before a request for an evidentiary hearing may be entertained.”) (quoting Baja v. Ducharme, 187 F.3d 1075, 1078 (9th Cir.1999)); Rodriguez v. Zavaras, 42 F.Supp.2d 1052, 1054-55 (D.Colo.1999) (<HOLDING>) (quoting Porter v. Gramley, 112 F.3d 1308, 
 Holding statements: (A) holding that the aedpa statute of limitations is not jurisdictional (B) holding that evidentiary hearing not necessary where proposed administrative action is based on undisputed material facts (C) holding that aedpa did not codify keeney but instead significantly curtails the availability of evidentiary hearings to develop material facts (D) holding that when a state has given petitioner a full and fair hearing on a claim and he has failed to develop material facts to support it he is not entitled to develop further facts in a federal habeas evidentiary hearing unless he demonstrates either cause for the failure and prejudice resulting therefrom or a fundamental miscarriage of justice (E) holding that an evidentiary hearing may be used to develop the factual basis of a prisoner complaint

Output: (C)


Input: Consider Input: S.E.2d at 629 (emphasis added). Similarly, in Sparks v. Peacock, plaintiff husband filed an action in superior court seeking contributions for payments on promissory notes executed by both he and his wife. Unlike the Garrison litigants, however, the parties in Sparks had not brought an action for equitable distribution in district court. Based on the wife’s motion, the superior court dismissed the action for lack of subject matter jurisdiction. On appeal, this Court acknowledged the jurisdictional nature of section 7A-244, stating that if the parties had indeed brought an equitable distribution action and such action was pending pursuant to section 7A-244, the superior court would not have jurisdiction over the propriety of payments on the promissory note. Id. at 641, 500 S.E.2d at 118 (<HOLDING>); see also Ward v. Ward, 116 N.C. App. 643, 
 Holding statements: (A) recognizing that defendant correctly stated that the district court has jurisdiction over equitable distribution actions and citing section 7a244 (B) holding that the information must establish that the court has jurisdiction over both the subject matter and the parties (C) holding that personal jurisdiction over partner did not follow from jurisdiction over partnership citing sher (D) holding that court of claims has jurisdiction over actions for breach of standard contract (E) recognizing the difference between jurisdiction over an action and jurisdiction over an issue and holding that although section 2074207 vests the family court with exclusive jurisdiction over actions to determine paternity under section 621302a1 the probate court has jurisdiction to resolve the issue of paternity when the issue is essential to the probate courts determination of heirs

Output: (A)


Input: Consider Input: the protection of [a lesser standard of review] but are subject to de novo review.” In re Kretzinger, 103 F.3d 943, 946 (10th Cir.1996) (quotation omitted); see also Brue v. Gonzales, 464 F.3d 1227, 1232 (10th Cir.2006) (discussing vs., 470 F.3d 509, 513-14 (2d Cir.2006) (finding legal error when “[a]lthough the BIA cited the proper legal standard at the outset of its decision, it failed to apply this deferential standard of review when evaluating the IJ’s credibility finding”). B Under 8 C.F.R. § 1003.1(d)(3)©, the BIA cannot “engage in de novo review of findings of fact determined by an [IJ].” Instead, the BIA reviews those facts found by the IJ — including credibility determinations — only to determine whether they are clearly erroneous. Id.; see also RamirezPeyro, 477 F.3d at 641 (<HOLDING>). “A finding is ‘clearly erroneous’ when 
 Holding statements: (A) recognizing that factual findings were clearly erroneous where the record before the court was simply devoid of any basis for the district courts conclusion (B) holding that the lower court is the factfinding body and that its findings of fact will not be set aside on appellate review unless they are clearly erroneous (C) holding that appellate court must defer to all implied factual findings supported by record (D) recognizing that the bia must defer to the factual findings of the ij unless they are clearly erroneous (E) holding that this court will only set aside district courts factual findings when they are clearly erroneous


Output: (D)