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.

Ex Input:
to establish eligibility-triggering factors: Though Ia-beled as "sentencing factors,” those factors are more appropriately considered as elements of a capital offense. This logic applies equally to the establishment of any sentencing factors necessary to expose a defendant to a higher maximum penalty in the noncapital context. As discussed supra, Fields’s Confrontation Clause challenge relates only to evidence that the government introduced relevant to the jury's ultimate selection decision. The applicability of the Confrontation Clause to the establishment of eligibility-triggering factors is therefore not a question squarely presented by this case, and we decline to resolve it definitively. 19 .See McMillan v. Pennsylvania, 477 U.S. 79, 93, 106 S.Ct. 2411, 91 L.Ed.2d 67 (1986) (<HOLDING>); Cabana v. Bullock, 474 U.S. 376, 385, 106 
 Holding statements: (A) holding federal sentencing guidelines are subject to jury trial requirements of sixth amendment (B) holding that there is no sixth amendment right to jury sentencing (C) holding that if a jury is to be provided the defendant at capital sentencing regardless of whether the sixth amendment requires it the jury must stand impartial and indifferent to the extent commanded by the sixth amendment (D) holding that there is no distinction in the right to jury trial between sentencing factors and elements (E) holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment

Ex Output:
holding federal sentencing guidelines are subject to jury trial requirements of sixth amendment


Ex 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

Ex 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


Ex Input:
keep their promise at the time it was made. 1. Fraud with Particularity Under Fed.R.Civ.P. 9(b), “all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity.” This rule requires the plaintiff to allege such circumstances so the defendant can prepare an adequate answer from the allegations. Walling v. Beverly Enterprises, 476 F.2d 393, 397 (9th Cir.1973). The plaintiff should include the time, place and content of the alleged misrepresentations. Decker v. GlenFed, Inc., 42 F.3d 1541, 1548 (9th Cir.1994). A plaintiff should set forth reasons why the statements were false. Id. Additionally, the plaintiff should, where possible, identify who made the representations. See Wool v. Tandem Computers, Inc., 818 F.2d 1433 (9th Cir.1987) (<HOLDING>). Defendants argue that Plaintiffs’ allegations 
 Holding statements: (A) holding that a plaintiff has a duty to plead the date of discovery of fraud where the alleged fraud apparently occurred at a remote time (B) recognizing that rule 9b is largely designed to give each opponent notice of his purported role in the alleged fraud (C) holding that a plaintiff is required to identify specific acts of individual defendants  for his claim to survive (D) holding that plaintiff should identify when possible the role of individual defendants in the alleged fraud (E) holding that where a plaintiff is unaware of the identity of alleged defendants plaintiff should be given an opportunity through discovery to identify the unknown defendants unless it is clear that discovery would not uncover the identities or that the complaint would be dismissed on other grounds

Ex Output:

holding that a plaintiff has a duty to plead the date of discovery of fraud where the alleged fraud apparently occurred at a remote time