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.
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Question: Petitioner Jaswinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction over this appeal pursuant to 8 U.S.C. § 1252(a)(1), and we grant the petition for review. The Board of Immigration Appeals affirmed the immigration judge’s order without discussion, thus we review the substance of the immigration judge’s order. Falcon Carriche v. Ashcroft, 350 F.3d 845 (9th Cir.2003). The IJ erred when she found Singh’s testimony inconsistent and implausible, and therefore the record compels finding Singh’s testimony, credible. Kaur v. Ashcroft, 379 F.3d 876, 890 (9th Cir.2004) (<HOLDING>). First, the IJ erred when she found that 
 Holding statements: (A) holding that an adverse credibility determination is overturned only if each proffered reason for the determination fails (B) holding when one identified ground for an adverse credibility determination is supported by substantial evidence and goes to the heart of petitioners claim of persecution the court is bound to accept the ijs adverse credibility determination (C) holding that an adverse credibility determination must be supported by a true inconsistency (D) holding that an adverse credibility determination is sufficient to deny asylum (E) holding that in the absence of an adverse credibility determination the court must accept petitioners testimony as true

Answer: (A)


Question: with our ability to review the sentence imposed by the district court for substantive reasonableness because, on review, we must compare the sentence imposed with the correctly calculated Guidelines sentencing range. He contends the relevant Guidelines sentencing range is the post-departure Guidelines sentencing range. But it is the pre-departure Guidelines sentencing range that the district court must correctly calculate and that we must use when we review a sentence for substantive reasonableness. See United States v. Mohamed, 459 F.3d 979, 987 (9th Cir.2006) (“[W]e elect to review the district court’s application of the advisory sentencing guidelines only insofar as they do not involve departures.”); see also United States v. Tankersley, 537 F.3d 1100, 1114 n. 11 (9th Cir.2008) (<HOLDING>). We used the pre-departure sentence for 
 Holding statements: (A) holding lack of prejudice to the defendant is not good cause (B) holding that a fee application based on claims that were interrelated nonfrivolous and raised in good faith may still be excessive where the applicant achieved only partial or limited success (C) holding forbearance to sue is a good consideration for a promise founded thereon and it is only essential that the claim be asserted in good faith (D) holding that the defendant did not establish good faith as a matter of law (E) holding mohamed is still good law

Answer: (E)


Question: could not rely upon such hearsay statements absent some minimal indicia of reliability. See United States v. Martinez, 413 F.3d 239, 244 (2d Cir. 2005). The argument fails because the requisite minimal indicia of reliability were provided by the specificity of the statements, the fact that those statements were sworn under penalty of perjury, and, more generally, by the evidence of Kinney’s extensive embezzlement throughout the accounts of the Border Lodge Credit Union. See United States v. Ibanez, 924 F.2d 427, 429-30 (2d Cir. 1991) (observing that, where “sufficient indicia of reliability” are required to corroborate information presented at sentencing, affidavits “[may] themselves” be sufficient' to resolve disputes); United States v. Schwamborn, 542 Fed.Appx. 87, 88 (2d Cir. 2013) (<HOLDING>). Although Kinney argues that, insofar as 
 Holding statements: (A) holding that where defendant failed to object to the procedure utilized by the court in determining the amount of restitution at sentencing his challenge on appeal was unpreserved for appellate review (B) holding that trial court did not err (C) holding that because the rules of evidence including the rule against hearsay do not apply to sentencing hearings the district court did not err in relying on hearsay in ordering restitution (D) holding that under ibanez district court did not plainly err in relying on sworn affidavits alone for determining amount of claimants restitution (E) holding that the district court did not err in determining that inadvertent disclosure did not result in waiver

Answer:
(D)