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.

[EX Q]: other non-Virginia cases offer a compelling basis for adopting the per se rule Allied has proposed. In National City Bank v. Fleming, 2 Ohio App.3d 50, 440 N.E.2d 590, 599 (1981), for instance, the court said: It has long been the law of equity that a person who confers a benefit either directly or indirectly upon another in the course of performance of a contract with a third person is not entitled to compensation ... merely because of the failure of performance by the third party. However, where it appears from all the facts that the conferral of such benefit was the product of fraud, misrepresentation or bad faith by the party accepting and retaining such benefit, equity will imply an obligation to make payment therefor. See Costanzo v. Stewart, 9 Ariz.App. 430, 453 P.2d 526 (1969) (<HOLDING>), (emphasis added) (some citations omitted). 
 Holding statements: (A) holding that a hospital could not be an erisa beneficiary (B) holding that the thirdparty beneficiary theory did not apply (C) holding that a duty may be owed to a beneficiary of a consensual relationship akin to that of a thirdparty beneficiary of a contract where the professional has actual knowledge that the services being provided are in part for the benefit of such third persons (D) holding that a contract beneficiary may be liable in restitution where the beneficiary by his conduct induces the conferral of the benefit (E) holding change of beneficiary effective where city employee listed a new beneficiary for his group life insurance policy in an employee personal data form next to the words designated beneficiary even though this did not comply with the policy terms
[EX A]: (D)

[EX Q]: statement “is admissible only if it bears adequate ‘indicia of reliability.’ ” Id. In Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), the Supreme Court departed from its ruling in Roberts and established a new standard for determining when hearsay statements of an unavailable witness may be admitted as evidence against a criminal defendant consistently with the Confrontation Clause. The standard set forth- in Crawford actually expanded defendants’ confrontation rights beyond what was contemplated in Roberts. Compare Crawford, 541 U.S. at 53-55, 124 S.Ct. 1354 (requiring unavailability and a prior opportunity for cross-examination to admit testimonial hearsay statements of witnesses not appearing at trial), with Roberts, 448 U.S. at 72-73, 100 S.Ct. 2531 (<HOLDING>). Prior to the decision in Crawford, this Court 
 Holding statements: (A) holding that witness hearsay statements may be admitted whenever they bear sufficient indicia of reliability even without crossexamination (B) holding that the sixth amendment confrontation clause was not violated by the admission of hearsay statements under a georgia statute permitting an exception for statements by coconspirators where there was sufficient indicia of reliability supporting the truth of the statements (C) holding that the district court did not err in relying on hearsay evidence where the government offered reasons why its hearsay evidence had indicia of reliability and the court considered the reliability of the evidence in deciding the weight to give the hearsay evidence (D) holding that judges may consider any relevant evidence bearing some substantial indicia of reliability including reliable hearsay in a probation revocation hearing (E) holding that it would have been proper to admit party opponent admissions although they were based on multiple levels of hearsay and test their reliability on crossexamination but upholding the district courts exclusion of the statements where the hearsay statements lacked any factual content and lacked any indicia of trustworthiness
[EX A]: (A)

[EX Q]: linked’ to the order of removal, it is prohibited by section 1252(a)(5).” Martinez v. Napolitano, 704 F.3d 620, 623 (9th Cir.2012). Meanwhile, a § 2241 petition is not subject to § 1252(a)(5)’s jurisdictional bar if it is “independent” of the removal order. See Nnadika v. Att’y Gen., 484 F.3d 626, 632 (3d Cir.2007). Tonfaek claims that his § 2241 petition is independent of his removal order, but we do not agree. Critically, Tonfaek argues not just that the specific Cameroonian travel documents are invalid, but that Cameroon is not a proper country of removal. This issue is encompassed in the removal order — the IJ is obligated to designate a country of removal as part of the removal proceedings. See 8 C.F.R. § 1240.12(d); see also In re I-S- & C-S-24 I. & N. Dec. 432, 433-34 (BIA 2008) (<HOLDING>). The fact that the IJ here may have neglected 
 Holding statements: (A) holding that because the ij denied an asylum application as untimely we lacked subjectmatter jurisdiction to review the final order of removal as it pertained to the asylum claim (B) holding that review of an original removal decision and a subsequent removal order are distinct (C) holding that term order of removal does not include aliens ineffective assistance of counsel claim concerning attorneys actions taken after order of removal becomes final (D) holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand (E) holding that when an ij issues a decision granting an aliens application for withholding of removal without a grant of asylum the decision must include an explicit order of removal designating a country of removal
[EX A]:
(E)