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.
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Question: In my judgment, it is extremely doubtful that the obviously dispensable involvement of the judiciary in the intermediate stages of a procedure that begins and ends in the Executive Branch is a proper exercise of judicial power. See Gordon v. United States, 117 U. S. Appx. 697, 702-703 (1864) (opinion of Taney, C. J.); United States v. Ferreira, 13 How. 40, 48 (1852). It may well follow that the misguided opinion of today’s majority has nothing more than an advisory character. Whether or not that be so, the better rea soning in Justice Souter’s far wiser and far more scholarly opinion will surely be the law one day. For these reasons, as well as those set forth in Justice Souter’s opinion, I respectfully dissent. 1 See, e. g., Pennsylvania v. Union Gas Co., 491 U. S. 1 (1989) (<HOLDING>); In re Merchants Grain, Inc., 59 F. 3d 630 
 Holding statements: (A) holding that an action by plaintiffs who had a legal obligation to conduct cleanup pursuant to a  106 order and then sought costs for cleanup from other prps was the quintessential action for contribution (B) holding that a federal court may order a state to pay cleanup costs pursuant to the comprehensive environmental response compensation and liability act of 1980 (C) holding that response costs can be necessary even though the agency that required cleanup never approved the response actions taken (D) holding that bankruptcy court may enjoin state environmental reclamation order (E) holding that debtor was liable to the commonwealth for past and future cleanup costs

Answer: holding that an action by plaintiffs who had a legal obligation to conduct cleanup pursuant to a  106 order and then sought costs for cleanup from other prps was the quintessential action for contribution


Question: 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

Answer: 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


Question: is not permitted to assert in a subsequent infringement action that the same structure is equivalent to the structure described in the patentee’s specification for purposes of section 112 paragraph 6. Id. Based on the clear disavowal found in the file wrapper, we concluded that the accused device did not include an equivalent to the claimed function’s corresponding structure. Id. at 1362, 268 F.3d 1352, 60 USPQ2d at 1501; see also Bell Atl. Network, 262 F.3d at 1273-75, 59 USPQ2d at 1874-76 (relying on prosecution history to limit claimed “transceiver” to the three stated modes, because of clearly limiting statements made by the patentee to the examiner to overcome a prior art rejection); Day Int’l, Inc. v. Reeves Bros., Inc., 260 F.3d 1343, 1349, 59 USPQ2d 1790, 1794 (Fed.Cir.2001) (<HOLDING>); Southwall, 54 F.3d at 1576-77, 34 USPQ2d at 
 Holding statements: (A) holding that the patentee had disavowed curing done at the higher conventional curing temperatures because of representations to the patent examiner that the prior art curing temperatures were too high and because of the numerous references to a low temperature cure or low temperature vulcanization throughout the file wrapper (B) holding that the one challenging the patent must in part show that the subject matter of the sale or offer to sell fully anticipated the claimed invention or would have rendered it obvious by its addition to the prior art (C) holding that after reading the patent a person of skill in the art would not understand the patentee to have invented a generic method where the patent only disclosed one embodiment of it (D) holding that the moving party must show prior art references which alone or combined with other references would have rendered the invention obvious to one of ordinary skill in the art at the time of the invention (E) holding of obviousness affirmed on the basis of the teachings of the prior art references in combination not on the basis of the contemporaneous invention

Answer:
holding that the one challenging the patent must in part show that the subject matter of the sale or offer to sell fully anticipated the claimed invention or would have rendered it obvious by its addition to the prior art