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.

Q: 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

A: 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
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Q: in some respect. To me, such an approach invites municipal officials to substitute rank speculation and conjectural claptrap for genuine engineering expertise and constitutes an open invitation for local planners to engage in incompetent fear-mongering about perceived or imagined development risks, no matter how unfounded, unlikely, or controllable such risks may be. Such an open-textured standard for upholding the denial of subdivision applications will all too easily be converted into an impermeable cloak to cover confiscatory regulatory takings, official pandering to neighbors’ antidevelopment biases, political shenanigans, and other such local governmental capriciousness of the sort that we recently condemned in L.A. Ray Realty v. Town Council of Cumberland, 698 A.2d 202 (R.I.1997) (<HOLDING>). Moreover, the mere fact that the municipality 
 Holding statements: (A) holding that a state is not a person under 42 usc  1983 (B) holding that person in 42 usc  1983 does not include states (C) holding that 42 usc  1983 does not provide a remedy for flsa violations (D) holding that the petitioner property owners had established 42 usc  1983 substantive and procedural dueprocess violations against town officials who arbitrarily denied the plaintiffs request for subdivision approval (E) holding that plaintiffs had claim under 42 usc  1983 against state where state had created an intermediate care facility but placed plaintiffs on waiting list

A: holding that a state is not a person under 42 usc  1983
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Q: law controls both the award of and the reasonableness of fees awarded where state law supplies the rule of decision.”) Because Pikco’s entitlement to fees is based on a contract governed by Missis-sippi law, the Court will apply Mississippi law to determine whether the requested fees are reasonable. In most cases in Mis-sissippi, whether state or federal law ap-plies is a distinction without a difference because the lodestar method and John-son factors applied by federal courts are “almost identical” to those applied by the Mississippi Supreme Court and codified in Rule 1.5 of the Mississippi Rules of Profes-sional Conduct. See Mauck v. Columbus Hotel Co., 741 So.2d 259, 272 (Miss. 1999); Ill. Cent. R.R. Co. v. Harried, No. 5:06cv160, 2011 WL 283925, at *7 (S.D. Miss. Jan. 25, 2011) (<HOLDING>). The Mississippi Code provides that In any 
 Holding statements: (A) holding that the plaintiffs state law claims are preempted by federal law (B) holding that though mississippi law governs the amount of the fee award here because the factors considered under state and federal law are nearly identical both state and federal cases are instructive (C) recognizing that the aba guidelines and federal law are instructive (D) holding that federal law governs the definition of property which embraces both fee and lien interests (E) holding that in diversity cases federal courts are to apply state substantive law and federal procedural law

A:
holding that the plaintiffs state law claims are preempted by federal law
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