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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Example Input: of the INS were transferred to the Department of Homeland Security. Homeland Security Act of 2002, Pub.L. No. 107-296, § 471(a), 116 Stat. 2135, 2205 (codified at 6 U.S.C. § 291(a)). 3 . Petitioner argues that it was inappropriate to look to the treatment of his family members in determining the likelihood of petitioner being persecuted if he returns to Algeria, because his situation is not identical to theirs. This is mistaken; relatives' situations in the home country, while not conclusive, are certainly relevant. See Aguilar-Solis, 168 F.3d at 573 ("Without some explanation, the fact that close relatives continue to live peacefully in the alien’s homeland undercuts the alien’s claim that persecution awaits his return”); In re A-E—, 21 I. & N. Dec. 1157, 1160 (BIA 1998) (en banc) (<HOLDING>). 4 . Petitioner also argues that the BIA 
 Holding statements: (A) holding that the reasonableness of an aliens fear of persecution is reduced when his family remains in his native country unharmed for a long period of time after his departure (B) holding that the state could not under any circumstances be charged for the delay during the period the defendant was held after his arrest for and until his conviction on felony charges in another jurisdiction (C) holding that an applicant may establish eligibility for asylum based exclusively on activities undertaken after his arrival in the united states so long as he demonstrates that authorities in his country are aware of his activities or likely to become aware of his activities (D) holding that a witness may testify about his subjective interpretation of a conversation in which he is participating as long as his opinion is rationally based on his perception and is helpful either to an understanding of his testimony or to the determination of a fact in issue (E) holding the respondent  implicitly exercised his right to withdraw his voluntary departure request and instead  elected to remain to pursue his motion
Example Output: holding that the state could not under any circumstances be charged for the delay during the period the defendant was held after his arrest for and until his conviction on felony charges in another jurisdiction

Example Input: this is irrelevant to the question of whether a loan was made to Busson-Sokolik in the first place. Finding no clear error on the question of whether the funds were in fact transferred to Busson-Sokolik and no defects in the formation of a valid contract between the parties, we affirm the finding that the sum MSOE transferred to Busson-Sokolik was a loan. 2 . “Abuse of discretion” is the clear standard for evaluating a judge’s decision to impose sanctions in a bankruptcy case. See In re Rimsat, Ltd., 212 F.3d 1039, 1046 (7th Cir.2000). While the standard for evaluating a judge’s decision not to impose sanctions in a bankruptcy case is somewhat less clear, we adopt the Sixth Circuit’s approach of using the "abuse of discretion” standard. See In re Downs, 103 F.3d 472, 480 (6th Cir.1996) (<HOLDING>). 3 . An appeal is frivolous "when the result 
 Holding statements: (A) holding that the appropriate standard of review is abuse of discretion (B) holding that the applicable standard of review for evaluating a bankruptcy courts denial of fed r bankrp 9011 sanctions is abuse of discretion and noting similar approaches taken by the ninth and tenth circuits (C) holding that the standard of review for the denial of rule 11 sanctions is governed by the law of the regional circuit (D) holding that the conclusion that the wiretap was necessary in each situation is reviewed for an abuse of discretion and bringing the tenth circuit into accordance with the authority of a majority of other circuits (E) holding that the standard of review is abuse of discretion and an appeal from denial of rule 60b relief does not bring up the underlying judgment for review
Example Output: holding that the appropriate standard of review is abuse of discretion

Example Input: evidence from which a rational juror could conclude that the victim was “physically incapable of declining participation in, or communicating unwillingness to engage in, th[e] sexual act.” We agree with the reasoning of the Eighth Circuit that “[a] reasonable jury may conclude that a person who is asleep when a sexual act begins is physically unable to decline participation in that act.” United States v. Wilcox, 487 F.3d 1163, 1169 (8th Cir.2007) (citing United States v. Barrett, 937 F.2d 1346, 1347-48 (8th Cir.1991)). If the victim testifies that she woke up while the sexual act was ongoing, this “provide[s] sufficient evidence for the jury to conclude that penetration occurred while she was asleep.” Id.; see also United States v. Smith, 606 F.3d 1270, 1281 (10th Cir.2010) (<HOLDING>); cf. United States v. Peters, 277 F.3d 963, 
 Holding statements: (A) holding that evidence was sufficient where inter alia the victim woke up to find the defendant on top of her and engaged in sex (B) holding inter alia that common law claims were preempted (C) holding that the trial court properly excluded evidence that other persons had a motive to kill the victims because inter alia such evidence was speculative (D) holding that a victim impact aggravator was not unconstitutionally vague because it directed the jury to consider inter alia the effect of the crime on the victims family (E) holding that the witnesss prior statement that the victim was lying flat on his back when he was shot impermissibly contradicted the witnesss trial testimony that the victim was on top of another individual at that time
Example Output:
holding inter alia that common law claims were preempted