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]: efforts to persuade an Immigration Judge to exercise her discretion to grant him a deportation waiver — the removal of that discretion would constitute a violation of the Ex Post Facto Clause. Furthermore, given that parole eligibility is “considered an integral part of any sentence,” Shepard, 556 F.2d at 654; see also Warden, 417 U.S. at 658, 94 S.Ct. at 2535-36, I think that the availability and likelihood of a deportation waiver should also be so considered. In explaining the basis for its con- elusion that parole eligibility or gain time should be considered part of 86, 68 L.Ed. 549 (1924) (“It is well settled that deportation, while it may be burdensome and severe for the alien, is not a punishment.”); Bugajewitz v. Adams, 228 U.S. 585, 591, 33 S.Ct. 607, 608, 57 L.Ed. 978 (1913) (<HOLDING>) (citing Fong Yue Ting v. United States, 149 
 Holding statements: (A) holding that the amount of sanctions is appropriate only when it is the minimum that will serve to adequately deter the undesirable behavior (B) holding that the determination that an alien is an undesirable person is not a conviction of crime nor is the deportation a punishment it is simply a refusal by the government to harbor persons whom it does not want (C) holding that it is not (D) holding that for sentencing purposes the government does not need to allege a defendants prior conviction or prove the fact of a prior conviction where that fact is not an element of the present crime (E) holding that habeas review is  for any alien held in custody pursuant to an order of deportation
[A]: (B)


[Q]: strengthen, not displace, any existing remedies employees may. have at law.” Id. It is clear from these excerpts that the STAA was not enacted to completely preempt state law remedies for retaliation against an employee who refuses to violate safety provisions. See Todd v. Frank’s Tong Service, Inc., 784 P.2d 47, 49-50 (Okla.1989) (noting that Congressional intent surrounding enactment of the STAA demonstrates that state law claims are not preempted); see also Parten v. Consolidated Freightways Corp., 923 F.2d 580, 583 (8th Cir.1991) (conclude ing that the Minnesota public policy statute was not an obstacle to the STAA and that Congress did not intend to occupy the entire field of interstate motor carriers); Whitworth v. TNT Bestway Transp., Inc., 914 F.Supp. 1434, 1436 (E.D.Tex.1996) (<HOLDING>); Dobberowsky v. Cryogenic Transp., Inc., 989 
 Holding statements: (A) holding texas exemption law was not preempted by erisa due to savings clause (B) holding that texas whistleblowers act was not preempted by the staa (C) holding a claim of a violation of the texas dtpa is preempted by the carmack amendment (D) holding that the age discrimination in employment act was not preempted by the nlra (E) holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law  not arizona law  should be applied
[A]: (B)


[Q]: that she has never seen Nathan Smith. Rather, the Smiths state in their Response that they do not dispute any of these facts, but that the facts are not relevant to this motion. See Response ¶¶ 35-39, at 5. The Tenth Circuit has held: “Without a specific reference, [the court] will not search the record in an effort to determine whether there exists dormant evidence which might require submission of the case to a jury.” Chavez v. New Mexico, 397 F.3d 826, 839 (10th Cir.2005) (quotation omitted). Accord Thomas v. Wichita Coca-Cola Bottling Co., 968 F.2d 1022, 1025 (10th Cir.1992) (explaining that searching the appel late record for “dormant evidence ... would not be fair to either the movant or the district court”); Carmen v. S.F. Unified Sch. Dist., 237 F.3d 1026, 1031 (9th Cir.2001) (<HOLDING>); Barge v. Anheuser-Busch, Inc., 87 F.3d 256, 
 Holding statements: (A) holding that a court need not examine the entire file for evidence establishing a genuine issue of fact where the evidence is not set forth in the opposing papers with adequate references so that it could conveniently be found (B) holding that while a district court has discretion to consider other materials in the record it has no obligation to do so where the evidence is not set forth in the opposing papers with adequate references so that it could conveniently be found (C) holding that the state has no obligation to provide adequate housing (D) holding that a district court need not comb the record to find some reason to deny a motion for summary judgment particularly where the evidence is not set forth in the opposing papers with adequate references so that it could conveniently be found (E) holding that the district court need not examine the entire file for evidence establishing the absence of a genuine issue of fact where the evidenceis not set forth in the moving papers with adequate references so that it could conveniently be found
[A]:
(B)