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: No. 25. The‘government asserts that “defendants-were put on notice and consented to having their phone calls monitored, recorded and divulgéd,” citing DOC’s written policies on inmate phone calls, and thus have no legitimate expectation of privacy in the calls. Gov’t’s Reply at 5-6. The vast weight of authority supports the government’s position that, even assuming the defendants in this case subjectively believed that their calls were private, any such belief was unreasonable. See, e.g., Lanza v. New York, 370 U.S. 139, 143, 82 S.Ct. 1218, 8 L.Ed.2d 384 (1962) (in jail setting, “official surveillance has traditionally been the order of the day”); United States v. Shavers, 693 F.3d 363, 389-90 (3d Cir. 2012), vacated on other grounds, — U.S. —, 133 S.Ct. 2877, 186 L.Ed.2d 902 (2013) (<HOLDING>); United States v. Monghur, 588 F.3d 975, 
 Holding statements: (A) holding that the defendant had a reasonable expectation of privacy in a telephone booth (B) holding inmates and those with whom they converse have no objectively reasonable expectation of privacy in telephone conversations where inmates received a handbook alerting them that all telephone calls were recorded and were exposed to a document hanging in the common areas that notified prisoners that their calls might be monitored and recorded (C) holding that a nonprisoner had no reasonable expectation of privacy when speaking to a prisoner on the telephone because as a frequent visitor to the prison she was well aware of the strict security measures in place and that the code of federal regulations puts the public on notice that prison officials are authorized to monitor prisoners telephone calls (D) holding that no reasonable expectation of privacy existed in a prison visitor room where conversations took place between brothers and were surreptitiously recorded by state officials (E) holding that a customer has no reasonable expectation of privacy in dialed telephone numbers which were conveyed to the telephone company
Example Output: holding that the defendant had a reasonable expectation of privacy in a telephone booth

Example Input: have determined, the abstraction-filtration-comparison (“AFC”) test is either unnecessary or simply does not apply in cases of literal copying. See Mitek Holdings, Inc. v. Arce Eng’g Co., 89 F.3d 1548, 1555-56 n. 16 (11th Cir.1996) (explaining that the AFC test “was designed to help assess nonliteral copying of a nonliteral element, not nonliteral copying of computer code (a literal element)”); Lotus Dev. Corp. v. Borland Int’l, Inc., 49 F.3d 807, 815 (1st Cir.1995) (“While the [AFC] test may provide a useful framework for assessing the alleged nonliteral copying of computer code, we find it to be of little help in assessing whether the literal copying of a menu command hierarchy constitutes copyright infringement.”); ILOG, Inc. v. Bell Logic, LLC, 181 F.Supp.2d 3, 7 (D.Mass.2002) (<HOLDING>); Data Gen. Corp. v. Grumman Sys. Support 
 Holding statements: (A) holding that priority of liens whether by mortgage or judgment is governed by the date of acquisition (B) holding that the admissibility of expert testimony was governed by state law (C) holding that if the identical function is not performed literal infringement is not possible (D) holding that literal copying is not governed by the afc test (E) recognizing that it is an open question whether drpa is a federal agency governed by the apa or a state agency governed by state administrative law
Example Output:
holding that priority of liens whether by mortgage or judgment is governed by the date of acquisition