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 Q]: of the government so recognized from the commencement of its existence.” Oetjen v. Cent. Leather Co., 246 U.S. 297, 303, 38 S.Ct. 309, 62 L.Ed. 726 (1918); see also Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, 417, 84 S.Ct. 923, 11 L.Ed.2d 804 (1964) (“established rule” is that “recognition operates retroactively to validate past acts”); United States v. Pink, 315 U.S. 203, 233, 62 S.Ct. 552, 86 L.Ed. 796 (1942) (recognition is retroactive in effect); United States v. Belmont, 301 U.S. 324, 328-330, 57 S.Ct. 758, 81 L.Ed. 1134 (1937) (recognition is retroactive). Further, the FSIA itself is retroactive in application and applies to actions of foreign sovereigns prior to the passage of the FSIA. Republic of Austria v. Altmann, 541 U.S. 677, 124 S.Ct. 2240, 159 L.Ed.2d 1, (2004) (<HOLDING>). Consequently, the FSIA would apply to all 
 Holding statements: (A) holding that the fsia applied retroactively to actions of the austrian government in 1948 (B) holding that kotecki limit applied retroactively (C) holding the fourteenth amendment does not apply to the actions of the federal government (D) holding the batson rule was not to be applied retroactively to a state conviction on federal habeas review (E) recognizing the objection requirement for new state constitutional rules applied retroactively
[EX A]: (A)

[EX Q]: 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
[EX A]: (A)

[EX Q]: 2006). Subsequently, on February 4, 2004, Mr. Tarrant filed his complaint with this court requesting damages for actions taken by EPA during its removal activities undertaken pursuant to CERCLA. The government responded by moving for a more definite statement under RCFC 12(e), which motion the court granted. Order of Nov. 22, 2004. An amended complaint was filed on November 29, 2005, and the government thereafter filed a motion to dismiss. A hearing was held on May 11, 2006, and the matter is now ready for disposition. ANALYSIS A. Jurisdiction Jurisdiction must be established before a court addresses the merits of a case. Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 88-89, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998); see Hambsch v. United States, 857 F.2d 763, 764 (Fed.Cir.1988) (<HOLDING>). Mr. Tarrant, as the plaintiff, bears the 
 Holding statements: (A) recognizing that a federal court is obliged to dismiss a case whenever it appears the court lacks subject matter jurisdiction (B) recognizing federal courts duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking (C) holding that a federal court is obliged to determine its own jurisdiction for each case (D) holding court was obliged to apply its own law despite problems created by lack of uniformity in application of immigration laws (E) holding that the law of the case doctrine is not a fixed rule that prevents a federal court from determining the question of its own subject matter jurisdiction in a given case
[EX A]:
(C)