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.
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Question: interests that a lawful permanent resident or even an illegal entrant residing more than two weeks may have developed.... Diaz Rodriguez has not shown that he has been lawfully admitted, so the due process rights of a lawfully admitted citizen are not implicated here.”). Accordingly, Petitioner has no constitutional due process rights in relation to her admission beyond that authorized by Congress. The restricted habeas review provisions set forth in Section 1252 adequately protect Petitioner’s rights because she has a meaningful review of the cause for her exclusion and of the Executive’s power to exclude her. The writ therefore has not been suspended and the Court lacks jurisdiction to review Petitioner’s claims. See Garcia de Rincon, 539 F.3d at 1140-41; Lorenzo, 508 F.3d at 1281 (<HOLDING>); Vaupel, 244 Fed.Appx. at 895 (holding that 
 Holding statements: (A) holding that section 1252e2 clearly does not permit court to review whether expedited removal statute applies in first place (B) holding that court of appeals lacked jurisdiction to review aliens habeas claims seeking review of expedited removal order including whether expedited removal statute was lawfully applied to alien and whether expedited removal procedures violated his right to due process because language of section 1252e5 clearly precludes review in habeas proceedings of whether alien is actually inadmissible or entitled to any relief from removal (C) holding that strict limitations set forth in section 1252e preclude judicial review of any constitutional or statutory claims related to the underlying expedited removal order (D) holding that  1252a2a barred review of petitioners claims including asapplied due process challenges to expedited removal order (E) holding prior to enactment of section 1326d that a person charged with illegal reentry has a constitutional right to collaterally attack the underlying removal order when a due process violation in a removal proceeding amounts to a complete deprivation of judicial review

Answer: holding that section 1252e2 clearly does not permit court to review whether expedited removal statute applies in first place


Question: include the element that elevates the crime to a higher level.” As we noted in State v. Bean, 153 N.H. 380 (2006), “[i]n Glanville, the State, although not required to do so under Johnson, attempted to charge the defendant with a specific variant of the crime allegedly attempted, but failed to accurately set forth that variant in the indictment.” Bean, 153 N.H. at 384; see Johnson, 144 N.H. at 178. Indeed, Glanville recognized that all that was required “[t]o charge the defendant with attempted armed robbery, class A felony, [was for] the indictment ... to allege that the defendant (1) with a purpose to commit armed robbery, (2) committed acts constituting a substantial step toward the commission of that crime.” Glanville, 145 N.H. at 634 (emphasis added); cf. Casanova, 164 N.H. at 566 (<HOLDING>). Accordingly, the indictment in this case 
 Holding statements: (A) holding that because statutory variants of an underlying crime are not elements of an attempt to commit the underlying crime jurors are not required to unanimously find which specific statutory variant the defendant intended to commit it is sufficient that they unanimously conclude that the defendant intended to commit any of the applicable statutory variants (B) holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred (C) holding that firstdegree murder is one crime although the defendant can commit the crime in several ways (D) recognizing that entrapment is a statutory defense rooted in the notion that congress could not have intended to criminally punish those who commit elements of crime but are induced by the government to commit the acts and that outrageous conduct defense is rooted in constitutional law (E) holding that an individual cannot attempt to commit murder of the second or third degree because the crime of attempt is a specific intent crime and an attempt to commit second or third degree murder would require proof that the individual intended to perpetrate an unintentional killing which is logically impossible

Answer: holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred


Question: and whether the Tribe’s immunity, if intact, protects the Health Board and the Health Board’s Chairperson. If the tribal immunity defense is not dispositive as to all Defendants, the district court also should address on its merits Defendants’ separate defense that the FMLA is not applicable to the dispute at hand. REVERSED and REMANDED. 1 . The district court decided Defendants’ motion to dismiss with respect to the waiver-by-removal issue based solely on the pleadings, and we therefore "take as true the allegations of the com ancheria Band of Pomo Indians of Cal., No. C-01-4125 VRW, 2002 WL 34727095, at *6-7 (N.D. Cal. Dec. 26, 2002) (same), with State Eng’r of the State of Nev. v. S. Fork Band of Te-Moak Tribe of W. Shoshone Indians of Nev., 66 F.Supp.2d 1163, 1173 (D. Nev. 1999) (<HOLDING>), vacated on reconsideration on other grounds, 
 Holding statements: (A) holding that tribes voluntary participation in administrative proceedings is not the express and unequivocal waiver of tribal immunity that we require in this circuit (B) holding that the tribal defendants removal of the case amounted to a clear and unequivocal waiver of immunity in federal court (C) holding that removal to federal court does not waive tribal sovereign immunity (D) holding that wjaiver of the right to remove must be clear and unequivocal  and that standard was not met by an agreement in which defendants consented to filing of suit in state court but which did not address removal (E) holding that the waiver of sovereign immunity must be clear and unequivocal

Answer:
holding that tribes voluntary participation in administrative proceedings is not the express and unequivocal waiver of tribal immunity that we require in this circuit