instruction:
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.
question:
interests inferior to the unsecured creditors [and, t]hus there should be little difficulty with the absolute priority rule____”). Sweetwater does not dispute that general proposition, but argues that the insider claims in this case should be subordinated to it, and not receive or retain any property since Sweetwater’s claim is not being paid in full. The Court disagrees. Several courts have expressed the opinion that the claim of an insider or equity holder may not be treated unequally unless the insider or equity holder used superior knowledge concerning the debtor’s affairs in an unfair manner or equitable subordination principles otherwise apply. See e.g., In re ARN LTD. Ltd. P’ship, 140 B.R. 5, 13 (Bankr.D.D.C.1992), citing In re Ho-lywell Corp., 913 F.2d 873, 880 (11th Cir.1990) (<HOLDING>); Heritage Org., 375 B.R. at 301 (agreeing that 
 Holding statements: (A) holding that the mere fact that relevant evidence is shocking to the sensibilities does not make the admission of that evidence a violation of due process (B) holding that the mere fact that a claim is held by an equity security holder does not justify its subordination and insider claims may be equitably subordinated only based on evidence of unfair conduct (C) holding that direct evidence of a fact is not necessary and that circumstantial evidence is not only sufficient but may also be more certain satisfying and persuasive (D) holding that an employer in an employment discrimination case may not justify its conduct based on evidence that did not motivate it at the time of the employment decision (E) recognizing that mere passage of time does not make evidence irrelevant as it will also depend on the nature of the evidence and its relation to what is to be proven
answer:
(B)


question:
the crime charged. If the evidence is cumulative, the trial court should more closely scrutinize its prejudicial effect. If the evidence is necessary to prove an element of the charge, the trial judge may have erred in not sustaining the defendant’s motion for a directed verdict of acquittal. Moreover, a defendant may have a valid objection, under federal rule 611(b), that the government’s cross-examination exceeds the scope of the direct. These added considerations are necessary not only to limit the impact of rule 404(b) on rule 608(b), but also to limit the prejudicial effect of allowing the government to have the last say through evidence of a defendant’s prior misconduct. Smith Grading & Paving, 760 F.2d at 581; see also United States v. Horton, 847 F.2d 313, 324-25 (6th Cir.1988) (<HOLDING>). The purpose of Rule 608(b) is to prevent 
 Holding statements: (A) holding that proponent of 404b evidence must identify a proper 404b purpose for admission  that is at issue in  the case (B) holding that evidence of threats or intimidation of a witness is admissible under rule 404b to show consciousness of guilt (C) holding that a new trial was the remedy for erroneous admission of rule 404b evidence (D) holding that rule 404b evidence is admissible in rebuttal (E) holding that admission of rule 404b evidence was proper
answer:
(D)


question:
remand, the Board violated due process by depriving him a full and fair opportunity to seek cancellation of removal. We have jurisdiction to review this constitutional claim. See 8 U.S.C. § 1252(a)(2)(D) (2006). It is well established in this circuit that an alien cannot predicate a due process claim on alleged infirmities in the adjudication of an application for discretionary relief. Dekoladenu v. Gonzales, 459 F.3d 500, 508 (4th Cir.2006) (“No property or liberty interest can exist when the relief sought is discretionary”), overruled on other grounds by Dada v. Mukasey, 554 U.S. 1, 128 S.Ct. 2307, 171 L.Ed.2d 178 (2008). The relief of cancellation of removal is entirely discretionary. 8 U.S.C. § 1229b(a); Sorda v. Holder, 643 F.3d 117, 124 (4th Cir.2011); see Obioha, 431 F.3d at 409 (<HOLDING>). We accordingly reject Cruzaldovinos’ due 
 Holding statements: (A) holding that an alien raising a due process challenge to removal proceedings must show error and substantial prejudice (B) holding that a motion to reopen seeking only to apply for a form of relief which was unavailable to the movant at the time of the hearing  is subject to the regulatory requirements governing motions to reopen (C) recognizing that petitioners due process claim stemming from denial of motion to reopen to apply for cancellation of removal was flawed in part because an alien does not have a legal entitlement to discretionary relief (D) holding that an order denying a petitioners motion to reopen proceedings so that he could apply for adjustment of status was not a judgment regarding the granting of relief and was thus reviewable (E) holding that this court lacks jurisdiction to review the discretionary denial of cancellation of removal based on a lack of exceptional and extremely unusual hardship
answer:

(C)