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.

Ex Input:
efforts to persuade an Immigration Judge to exercise her discretion to grant him a deportation waiver — the removal of that discretion would constitute a violation of the Ex Post Facto Clause. Furthermore, given that parole eligibility is “considered an integral part of any sentence,” Shepard, 556 F.2d at 654; see also Warden, 417 U.S. at 658, 94 S.Ct. at 2535-36, I think that the availability and likelihood of a deportation waiver should also be so considered. In explaining the basis for its con- elusion that parole eligibility or gain time should be considered part of 86, 68 L.Ed. 549 (1924) (“It is well settled that deportation, while it may be burdensome and severe for the alien, is not a punishment.”); Bugajewitz v. Adams, 228 U.S. 585, 591, 33 S.Ct. 607, 608, 57 L.Ed. 978 (1913) (<HOLDING>) (citing Fong Yue Ting v. United States, 149 
 Holding statements: (A) holding that the amount of sanctions is appropriate only when it is the minimum that will serve to adequately deter the undesirable behavior (B) holding that the determination that an alien is an undesirable person is not a conviction of crime nor is the deportation a punishment it is simply a refusal by the government to harbor persons whom it does not want (C) holding that it is not (D) holding that for sentencing purposes the government does not need to allege a defendants prior conviction or prove the fact of a prior conviction where that fact is not an element of the present crime (E) holding that habeas review is  for any alien held in custody pursuant to an order of deportation

Ex Output:
(B)


Ex Input:
While R.E. concerned the use of retrospective testimony by DOE to support a finding that it provided a child a FAPE, the court’s rejection of E.Z.-L.’s substantive challenge introduced doubt about whether parents could prospectively challenge their child’s educational placement without first enrolling the child in the recommended placement school. DOE argued that R.E. foreclosed all such prospective challenges on the basis that they are inherently speculative. The argument found some acceptance. See, e.g., E.E. v. N.Y.C. Dep’t of Educ., No. 13 Civ. 6709, 2014 WL 4332092, at *10 (S.D.N.Y. Aug. 21, 2014) (rejecting prospective challenge as “impermissibly speculative and premature”); P.S. v. N.Y.C. Dep’t of Educ., No. 13 Civ. 4772, 2014 WL 3673603, at *13 (S.D.N.Y. July 24, 2014) (<HOLDING>). But most courts did not adopt this hardline 
 Holding statements: (A) holding that no special relationship existed between the school and student (B) holding that a students private school tuition should be reimbursed where parent did not unilaterally place student in private school because the school district tacitly consented to the private school attendance before proposing a different placement (C) holding that the sro correctly concluded that a challenge tothe does choice of school is improper where the student never attended the school (D) holding that where a high school student and the students mother received adequate notice of the charges had sufficient opportunity to prepare for the meeting with school personnel were accorded an orderly hearing and were given a fair and impartial decision no due process violation occurred even though the school failed to provide advance notice that the potential disciplinary actions included a transfer to another school (E) holding that a school district owed the highest degree of care to a student on a school bus such that the district could be liable for the sexual abuse of the student by the school bus driver

Ex Output:
(C)


Ex Input:
district court judges were responsible for appointing magistrate judges, removing them from office, and maintaining plenary authority over what matters were delegated to the magistrate judges once they were appointed. Id. at 937-39, 111 S.Ct. 2661. The Supreme Court held that because the entire process of magistrate ad judication “takes place under the district court’s total control and jurisdiction,” there was no danger that the structural protections of Article III would be violated. Id. at 937, 111 S.Ct. 2661. Prior to Peretz, the Ninth Circuit used similar reasoning to uphold the constitutionality of the Magistrates Act in Pacemaker Diagnostic Clinic of Am., Inc., 725 F.2d at 540. See also Technical Automation Servs. Corp. v. Liberty Surplus Ins. Corp., 673 F.3d 399 (5th Cir.2012) (<HOLDING>). When the structural protections under Article 
 Holding statements: (A) holding that circuit court should defer to supreme courts interpretation of the act (B) holding that a condition was precedent to performance because the contract language did not explicitly state that it was precedent to formation (C) holding that the supreme courts holding in stem did not extend to magistrate judges when fifth circuit precedent which was not overruled concluded that the magistrate act was constitutional (D) holding that a threejudge panel may depart from circuit precedent that has not been expressly overruled when an intervening en banc or supreme court decision has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable (E) holding that an intervening supreme court case can overturn circuit precedent

Ex Output:

(C)