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: for [her] employer! ] to operate efficiently and effectively.” Id. at 418-19, 126 S.Ct. 1951. The point of this inquiry, then, is “both to promote the individual and societal interests that are served when employees speak as citizens on matters of public concern and to respect the needs of government employers attempting to perform their im portant public functions.” Id. at 420, 126 S.Ct. 1951. With that premise as a backdrop, the Supreme Court held that “when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.” Id. at 421, 126 S.Ct. 1951; see also Haynes v. City of Circleville, 474 F.3d 357, 364-65 (6th Cir.2007) (<HOLDING>). Thus, Garcetti and its Sixth Circuit progeny 
 Holding statements: (A) holding that the plaintiffs speech was not constitutionally protected because it was made in his official capacity and there was simply no evidence that he was speaking as a citizen on a matter of public concern (B) holding that pursuant to garcetti plaintiffs speech made in the course of his official duties was unprotected as a matter of law (C) holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties (D) holding that garcetti barred claims involving speech not necessarily required by the plaintiffs job duties but nevertheless  related to his job duties (E) holding that when protected speech is inextricable from unprotected speech the court will treat the entire message as protected
Example Output: holding that the plaintiffs speech was not constitutionally protected because it was made in his official capacity and there was simply no evidence that he was speaking as a citizen on a matter of public concern

Example Input: his claims based on injury to his eye and knees. But Mr. Sanders does not state any basis for his challenge to those decisions. Finally, Mr. Sanders claims that he has been deprived of due process and discriminated against based on his race. As already stated, we have jurisdiction to consider constitutional arguments. See 38 U.S.C. § 7292(d)(2). But Mr. Sanders does not provide any facts to substantiate his arguments. Nor do we see any basis for his arguments in the record. In the absence of any evidentiary support, Mr. Sanders’s passing remarks amount to no more than a constitutional label for his otherwise factual disagreement "with the decisions of the Veterans Court and the Board. That does not suffice to create jurisdiction. See Helfer v. West, 174 F.3d 1332, 1335 (Fed.Cir.1999) (<HOLDING>); Livingston v. Derwinski, 959 F.2d 224, 225 
 Holding statements: (A) holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal (B) holding that rcw 1040200 does not create a constitutional right to be advised of immigration consequences therefore failure to comply with statute does not create constitutional harm (C) holding that a board decision is required to vest the court of veterans appeals with jurisdiction over a claimants appeal (D) holding that mere disagreement over the proper treatment does not create a constitutional claim (E) holding that a claim that is constitutional in name only does not create jurisdiction over an appeal from the veterans court
Example Output: holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal

Example Input: sentence for a crime, the Supreme Court noted that a defendant may consider gain time or parole eligibility in deciding whether to enter a plea bargain. See Weaver, 450 U.S. at 32, 101 S.Ct. at 966 (citing Wolff v. McDonnell, 418 U.S. 539, 557, 94 S.Ct. 2963, 2975, 41 L.Ed.2d 935 (1974); Warden, 417 U.S. at 658, 94 S.Ct. at 2535-36). An alien defendant, in addition to considering factors such as parole eligibility, would likely consider his or her eligibility to apply for a deportation waiver as well in deciding whether to plead or contest the charges. Just as the Supreme Court has found that “only an unusual prisoner could be expected to think that he was not suffering a penally when he was denied eligibility for parole,” Warden, 417 U.S. at 662, 94 S.Ct. at 2538, only an unus 952) (<HOLDING>); Mahler v. Eby, 264 U.S. 32, 39, 44 S.Ct. 283, 
 Holding statements: (A) holding that the ex post facto clause did not apply because the civil contempt citation was not punitive (B) holding that the ex post facto clause does not apply to deportation orders because deportation however severe its consequences has been consistently classified as a civil rather than a criminal procedure (C) holding that because of its civil nature section 881 is not subject to the ex post facto clause (D) holding that revocation of medical license does not violate the ex post facto clause (E) holding that the ex post facto clause  has no application to deportation
Example Output:
holding that the ex post facto clause did not apply because the civil contempt citation was not punitive