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: S.E.2d at 629 (emphasis added). Similarly, in Sparks v. Peacock, plaintiff husband filed an action in superior court seeking contributions for payments on promissory notes executed by both he and his wife. Unlike the Garrison litigants, however, the parties in Sparks had not brought an action for equitable distribution in district court. Based on the wife’s motion, the superior court dismissed the action for lack of subject matter jurisdiction. On appeal, this Court acknowledged the jurisdictional nature of section 7A-244, stating that if the parties had indeed brought an equitable distribution action and such action was pending pursuant to section 7A-244, the superior court would not have jurisdiction over the propriety of payments on the promissory note. Id. at 641, 500 S.E.2d at 118 (<HOLDING>); see also Ward v. Ward, 116 N.C. App. 643, 
 Holding statements: (A) recognizing that defendant correctly stated that the district court has jurisdiction over equitable distribution actions and citing section 7a244 (B) holding that the information must establish that the court has jurisdiction over both the subject matter and the parties (C) holding that personal jurisdiction over partner did not follow from jurisdiction over partnership citing sher (D) holding that court of claims has jurisdiction over actions for breach of standard contract (E) recognizing the difference between jurisdiction over an action and jurisdiction over an issue and holding that although section 2074207 vests the family court with exclusive jurisdiction over actions to determine paternity under section 621302a1 the probate court has jurisdiction to resolve the issue of paternity when the issue is essential to the probate courts determination of heirs

A: (A)
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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: § 243(4) ("Every court shall have power ... [t]o compel obedience to its judgments, orders, and process, and to the orders of a judge out of court, in all actions, or proceedings pending therein[.]”); 4 V.I.Code § 281(2) (“Every judicial officer shall have power ... [t]o compel obedience to his lawful orders!]]”); Young v. United States, 481 U.S. 787, 793, 107 S.Ct. 2124, 95 L.Ed.2d 740 (1987) (“[I]t is long settled that courts possess inherent authority to initiate contempt proceedings for disobedience to their orders....”). We have certiorari jurisdiction under 48 U.S.C. § 1613, which grants the Third Circuit certiorari jurisdiction to review final decisions of the Virgin Islands Supreme Court. See Kendall v. Daily News, 716 F.3d 82, No. 11-4162, 2013 WL 856433 (3d Cir. Mar. 8, 2013) (<HOLDING>). 4 . The ACLU, as amicus, argues that Kendall 
 Holding statements: (A) holding that supreme court need not consider issue not raised in petition for certiorari (B) holding that congresss recent elimination of the third circuits certiorari jurisdiction over decisions of the virgin islands supreme court does not affect at a minimum certiorari petitions filed before the effective date of the jurisdictionstripping act (C) recognizing that where a state prisoner declines to pursue certiorari in the united states supreme court that petitioners conviction is not final  until  after the time for filing a petition for certiorari with the supreme court has passed (D) holding that this court lacks jurisdiction over appeals from decisions of the supreme court of the commonwealth of the northern mariana islands which were not completed before may 1 2004 (E) holding that pursuant to the language of hr 6116 the third circuit court of appeals retains certiorari jurisdiction over proceedings that were filed in virgin islands courts before the enactment date of hr 6116

A:
(B)
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