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: (9th Cir.2003) (<HOLDING>).' Amara’s remaining contentions are 
 Holding statements: (A) holding that proper remedy for failure to exhaust is dismissal of the claim without prejudice (B) recognizing that dismissal may be proper where plaintiff concedes the failure to exhaust (C) holding that dismissal of a pro se complaint for failure to state a claim should generally be without prejudice but if the plaintiff has been given an opportunity amend his complaint and fails to do so the dismissal may be with prejudice (D) holding dismissal with prejudice is appropriate remedy for failure to timely file undertaking (E) holding that a review committee of the kansas board for discipline of attorneys had the authority to dismiss a complaint against an attorney with or without prejudice and when dismissal was ordered without specifying the nature of the dismissal the dismissal was without prejudice to the filing of later proceedings on the same matter

A: (A)
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Q: appropriate relief for such a violation is for the habeas court to “vacate the judgment of conviction and enter a new judgment from which an appeal can be taken.” Id. Defendant argues that the Peak line of eases applies to his situation, and that his appellate rights should thus be reinstated. However, the Peak rule does not apply in defendant’s ease, as the appeal at issue is not an appeal from a conviction. A Sixth Amendment right to counsel does not attach to an appeal from a supervised release revocation hearing. Borrego v. United States, 975 F.Supp. 520, 523 (S.D.N.Y.1997). This follows logically from the fact that there is no guaranteed constitutional right to counsel at the supervised release revocation hearing itself. See United States v. Meeks, 25 F.3d 1117, 1123 (2d Cir.1994)(<HOLDING>); see also United States v. Pelensky, 129 F.3d 
 Holding statements: (A) holding that defendants have a right to counsel in criminal proceedings (B) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights (C) recognizing constitutional right to effective counsel (D) holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal (E) holding that most of the fundamental constitutional procedural protections that are normally applicable to a criminal prosecution are not required for supervisedrelease proceedings as a matter of constitutional law including a right to counsel

A: (E)
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Q: cruel or unusual punishment because, under Iraqi law, he could be subjected to the death penalty despite the fact that his alleged crimes did not result in any fatalities. Am. Pet. ¶¶ 43-45. The respondents assert that this line of argument is foreclosed by the Supreme Court’s ruling in Munaf. Respts’ Mot. at 15-16. In Munaf, the Supreme Court held that “[t]hose who commit crimes within a sovereign’s territory may be transferred to that sovereign’s government for prosecution.” 128 S.Ct. at 2224-25 (reasoning that the “same principles of comity and respect for sovereigns that preclude judicial scrutiny of foreign convictions necessarily render invalid attempts to shield citizens from foreign, prosecution”); see also Neely v. Henkel, 180 U.S. 109, 125, 21 S.Ct. 302, 45 L.Ed. 448 (1901) (<HOLDING>). As the Munaf Court explained, [t]he 
 Holding statements: (A) holding that habeas corpus was not available to prevent the petitioners extradition to cuba despite the fact that he would not be afforded the full panoply of rights afforded to him by the us constitution in a cuban criminal proceeding (B) holding that the rights afforded prisoners set a floor for those that must be afforded sexually violent predators subject to civil detention (C) holding that the decision as to the weight to be afforded to documentary evidence  lies largely within the discretion of the ij (D) holding that the federal role in reviewing an application for habeas corpus is limited to evaluating what occurred in the state or federal proceedings that actually led to the petitioners conviction what occurred in the petitioners collateral proceeding does not enter into the habeas proceeding (E) holding that an order denying compensation under the federal criminal justice act for services performed before a state clemency board by counsel appointed to represent a state prisoner was final and appealable despite the fact that the order was separate from the merits of the habeas corpus proceeding

A:
(A)
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