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.

[Q]: absence of any effort to serve Bustos with a summons or a complaint, the Receiver cannot claim substantial compliance with Rule 4. The Receiver’s failure even to attempt to comply with Rule 4 is no “minor defect,” United Food & Commercial Workers Union v. Alpha Beta Co., 736 F.2d 1371, 1382 (9th Cir.1984), that can be remedied by actual notice. More importantly, the difficulty here runs deeper than mere insufficient service of process. The Receiver never filed a complaint and never named Bustos as a party. In other words, the Receiver never commenced an action against Bustos, see Fed. R. Civ. P. 3; it simply named Bustos in a motion for the disgorgement of allegedly ill-gotten gains earned through the sale of unregistered securities. See In re Alpha Telcom, 2004 WL 3142555, at *1 (<HOLDING>). Prior to Bustos’s intervention in the action, 
 Holding statements: (A) holding pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons (B) holding that the court lacks jurisdiction where a complaint was filed more than 30 days after the filing of the summons (C) holding that a title vii cause of action is limited to those discrimination allegations in the complaint that have been under the scrutiny of a formal eeoc complaint (D) holding that a formal summons and complaint were unnecessary because the motion before the court is not an independent action (E) holding that service of a statecourt summons and complaint after removal to federal court is valid service
[A]: (D)


[Q]: The agency reasonably found that unfulfilled threats, which were the only individualized harm Yang alleged he had suffered, did not rise to the level of persecution. See Ci Pan v. United States Atty. General, 449 F.3d 408, 412-13 (2d Cir.2006). This is so, even when considered in conjunction with his father’s alleged beating, because, as the IJ noted, Yang did not allege that this incident resulted in any injuries to his father or caused Yang any continuing harm. See Shi Liang Lin v. U.S. Dep’t of Justice, 494 F.3d 296, 308 (2d Cir.2007) (“the statutory scheme unambiguously dictates that applicants can become candidates for asylum relief only based on persecution that they themselves have suffered or must suffer”); see also Tao Jiang v. Gonzales, 500 F.3d 137, 141-42 (2d Cir.2007) (<HOLDING>). Therefore, the agency did not err in finding 
 Holding statements: (A) holding that an asylum applicant cannot claim past persecution based solely on the harm that was inflicted on a family member on account of that family members political opinion or other protected characteristic (B) recognizing that an applicant may be able to demonstrate persecution based on persecution of family members where the applicant shares  the characteristic that motivated persecutors to harm the family member was in the zone of risk when the family member was harmed and suffered some continuing hardship after the incident citing jorgetzoc v gonzales 435 f3d 146 150 2d cir2006 (C) holding that absent a pattern of persecution linked to the applicant persecution of family members is insufficient to demonstrate a wellfounded fear of persecution (D) recognizing that the harm suffered by family members in combination with other factors  would presumably only be persecution where  the applicant not only shares or is perceived to share the characteristic that motivated persecutors to harm the family members but was also within the zone of risk when the family member was harmed and suffered some continuing hardship after the incident (E) holding the wifes testimony that husbands release would cause psychological harm to other family members was insufficient to support commitment courts finding that husband would cause serious bodily harm to another person
[A]: (D)


[Q]: that reimbursement rates for many services are already set below providers' costs. (See, e.g., Yelamanchili Decl. ¶ 10; Coughlin Decl. ¶ 7.) 6 . Plaintiffs seek to vindicate wha er a claim to quality services would be judicially manageable where the issue were other than whether rates have been set in consideration of cost of service. 16 . Whether federal regulations can create rights enforceable under § 1983 is not at all clear. However, there are good reasons to think that they cannot. See Wright v. City of Roanoke Redev. & Hous. Auth., 479 U.S. 418, 437-38, 107 S.Ct. 766, 93 L.Ed.2d 781 (1987) (O'Connor, J., dissenting) (noting concerns with allowing regulations to create enforceable rights); S. Camden Citizens in Action v. N.J. Dep’t of Envtl. Prot., 274 F.3d 771, 790 (3d Cir.2001) (<HOLDING>). 17 . For example, the Health Net of 
 Holding statements: (A) holding that regulations do not create enforceable rights when they are too far removed from congressional intent (B) holding that when regulations are intended to have different purposes and are not dependent on each other they are not intertwined (C) holding federal regulations have the force of law and may create enforceable rights (D) recognizing that these two recent supreme court decisions resolve the issue of whether federal regulations alone can create enforceable rights under  1983 (E) holding that because federal regulations have the force of law they may create enforceable rights under  1983
[A]:
(A)