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.

Example Input: which a sentence of one year or longer may be imposed. See 8 U.S.C. §§ 1252(a)(2)(C), 1182(a)(2)(A), 1227(a)(2)(A)®. Furthermore, § 1252(a)(2)(B) precludes judicial review of: (i) any judgment regarding the granting of relief under [INA § 212(h), 8 U.S.C. § 1182(h) ] or (ii) any other decision or action of the Attorney General or the Secretary of Homeland Security the authority for which is specified under this subchapter to be in the discretion of the Attorney General or the Secretary of Homeland Security® 8 U.S.C. § 1252(a)(2). However, despite the jurisdictional limitations in § 1252(a)(2)(C) and (a)(2)(B), we are not precluded from reviewing constitutional claims or questions of law raised in a properly filed petition for review. 8 U.S.C. § 1252(a)(2)(D); Balogun, 425 F.3d at 1359 (<HOLDING>); see also Frech v. U.S. Att’y Gen., 491 F.3d 
 Holding statements: (A) holding that the real id act gave us jurisdiction to review a criminal aliens petition for review of an order of removal raising a question of law (B) holding no jurisdiction to review order raising amount of bail and questioning jurisdiction to review denial of motion to reduce bond (C) holding that the real id act leaves this court deprived of jurisdiction to review discretionary and factual determinations (D) holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review (E) holding that a habeas petition filed more than 30 days after the effective date of the real id act cannot be transferred to the court of appeals as a petition for review for lack of jurisdiction
Example Output: (A)

Example Input: to the federal district court, see 28 U.S.C. §§ 1441 and 1446, and moved for summary judgment, see Fed.R.Civ.P. 56. Defendants argued, among other things, that Preston lacked a property interest in his volunteer position with the VFD. Preston rejoined he was a “fire code official” under the Code and IFC and could not be fired except after a hearing and upon a showing of just cause. In December 2009, the district court granted defendants’ motion and dismissed Preston’s case with prejudice. Preston filed a motion to reconsider, see Fed. R.Civ.P. 59, which the district court denied. Preston appeals. II. DISCUSSION Before considering the merits of Preston’s appeal, we briefly examine the latent issue of subject matter jurisdiction. See Clark v. Baka, 593 F.3d 712, 714 (8th Cir.2010) (<HOLDING>) (quoting McAdams v. McCord, 533 F.3d 924, 927 
 Holding statements: (A) recognizing federal courts duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking (B) holding that even where subjectmatter jurisdiction may go unchallenged on appeal we have an obligation to inquire sua sponte into our jurisdiction over the matter (C) recognizing that even if neither party disputes this courts subject matter jurisdiction under 38 usc  7292 we are obligated to consider the issue sua sponte if there is reason to doubt that jurisdiction exists (D) holding that the court can raise res judicata sua sponte even on appeal (E) recognizing every federal appellate court has a special obligation to consider its own jurisdiction even if it must do so sua sponte
Example Output: (E)

Example Input: it fails because the procedures employed with respect to the photo array were not unduly suggestive. Tyni-cia Teague had seen Muller several times in the past and identified him as the truck’s driver from a six-photo array during an interview with police at a restaurant on May 13, 2012. As Defendants’ expert in the field of cognitive psychology, memory, and eyewitness identification testified at trial, the photo array contained "five additional photographs that were similar in appearance to Mr. Muller. And that’s the proper procedure for conducting an identification.” App. 2272. These procedures were not unduly suggestive, and the District Court did not err in admitting Tynicia Teague’s identification of Muller. See, e.g., United States v. Burnett, 773 F.3d 122, 133-34 (3d Cir. 2014) (<HOLDING>). 9 . Muller also argues that he should be 
 Holding statements: (A) holding that the photo lineup was not unduly suggestive where the defendants photo was the only one that included his name (B) holding that a photo array in which all of the men in the array were of similar age there was no striking difference in the amount of head hair each had and the skin color of the members of the array was not strikingly different was not impermissibly suggestive (C) holding in a very similar underagesex case that a school photo of the victim taken three months after the alleged crime plainly was relevant to the defendants mistakenage defense and did not prejudice the defendant because he was free to challenge the weight of the photo evidence by arguing that it did not show the victim as she had appeared on the night in question (D) holding that the admission of a family photo was harmless error in light of the overwhelming evidence in support of the conviction (E) holding that section 33021b was overbroad because it prohibited a wide array of constitutionally protected speech and was not drawn narrowly enough to achieve only the legitimate objective of protecting children from sexual abuse
Example Output:
(B)