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.

Q: 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

A: (B)
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Q: See Lorber 675 F.2d at 1067. The court noted that the classification of the surcharge as a non-tax fee was “a close question,” but concluded that because the surcharge was triggered by “voluntary” choice, the surcharge was possessed more of the character of a service fee than that of a tax. See id. The Lorber court also held that extending priority status to the surcharge was contrary to the trend of then-recent amendments to § 64 of the old Bankruptcy Act, which tended toward the erosion of the preferred status of taxes. See id., 675 F.2d at 1067-68. The court explained that, following the grant by Congress of priority status to claims for taxes, the federal government and its state and local counterparts began to increase the types and levels of taxation. See id. (citing S. REP. NO. (<HOLDING>). Even courts in the Ninth Circuit, purporting 
 Holding statements: (A) holding that reimbursement claims were excise taxes under lorber (B) holding that ohios reimbursement claims met the lorber criteria but were not excise taxes because they were not universally applicable to similarly situated entities and in addition disadvantaged private creditors with like claims (C) holding west virginias reimbursement claims were excise taxes under lorber suburban ii and the chateaugay district court decision (D) holding reimbursement claims were excise taxes under the lorber test without addressing the bankruptcy codes central policy of equal distribution (E) holding that michigan reimbursement claims were excise taxes under both lorber and suburban ii

A: (E)
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Q: that Officer Pritchard “knew the area of Chandler and Amanda Place to be a well known drug location with a high drug activity.” Thus, given the trial court’s finding that Officer Pritchard “knew the area of Chandler and Amanda Place to be a well known drug location with a high drag activity,” the first basis upon which the dissent attempts to distinguish Butler is not persuasive. Secondly, the dissent points out that, “as to the alleged transaction, Officer Pritchard did not see any exchange.” Although the dissent suggests that this factor, along with others, serves to “render Butler inapplicable to this appeal,” we do not agree. The existence of evidence tending to suggest, as the trial court found, that a hand-to-hand drag transaction had occurred in 5 S.E.2d 782, 785 (1992) (<HOLDING>). However, the trial court’s findings disclose 
 Holding statements: (A) holding that reasonable suspicion justifies an investigatory detention (B) holding that an officers diligent pursuit of an investigation during the detention is a factor in determining the reasonableness of an investigatory stop (C) holding that the fact the defendant matched an anonymous tips description was seen in a high crime area and walked away when police approached was insufficient to provide reasonable suspicion (D) holding that the fact that defendant was standing in an open area between two apartment buildings and walked away upon the approach of law enforcement officers did not justify an investigatory detention (E) holding that information that a suspicious person wearing baggy clothes had been seen in a drugridden area and that he walked away upon the approach of law enforcement officers did not suffice to support an investigatory detention

A:
(D)
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