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.
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Question: defendant to trust the advice of his counsel in weighing the immigration consequences of his decision. Petitioner’s counsel advised him that he would “in all likelihood, receive a sentence of only one to three years’ imprisonment.” (Id.) The fact that this turned out to be true, buttresses the court’s conclusion that it was reasonable for Petitioner to rely on his counsel’s advice in making his immigration decisions. Second, and more importantly, however, case law before IIRIRA held that even an alien who received a sentence longer than five years might have maintained eligibility for § 212(c) relief, provided that the alien had not served five years of his sentence at the time of his removal hearing. See Matter of Ramirez-Somera, 1992 WL 301623, 20 I. & N. Dec. 564, 566 (BIA 1992) (<HOLDING>). Thus, the fact that Petitioner could have 
 Holding statements: (A) holding that sentences of five years in prison followed by ten years probation were illegal sentences that exceeded the statutory maximum of five years for a thirddegree felony (B) holding that magistrate judge had jurisdiction to dismiss prison inmates action under 42 usc  1983 as frivolous without consent of defendants because defendants had not been served yet and therefore were not parties (C) holding that a potential prison sentence of up to five years was clearly serious (D) holding the same where the term conviction refers to a defendant who has been found guilty of a listed offense but has not yet been sentenced (E) holding that an immigrant defendant is eligible for  212c relief despite having been sentenced to a fifteen year prison term because he had not yet served five years of the sentence

Answer: (E)


Question: if the terms of the health care plan specifically exclude from coverage the cost of an appendectomy, then any injuries caused by the refusal to cover the appendectomy are properly attributed to the terms of the plan itself, not the managed care entity that applied those terms. 4 Respondents also argue that ERISA § 502(a) completely pre-empts a state cause of action only if the cause of action would be pre-empted under ERISA § 514(a); respondents then argue that their causes of action do not fall under the terms of § 514(a). But a state cause of action that provides an alternative remedy to those provided by the ERISA civil enforcement mechanism conflicts with Congress’ clear intent to make the ERISA mechanism exclusive. See Ingersoll-Rand Co. v. McClendon, 498 U. S.133, 142 (1990) (<HOLDING>). 5 ERISA § 514(b)(2)(A), 29 U. S. C. § 
 Holding statements: (A) holding that the plaintiffs causes of action were preempted because their claims were premised on the existence of an erisa plan (B) recognizing cause of action (C) holding that ejven if there were no express preemption under erisa  514a of the cause of action in that case it would be preempted because it conflicted directly with an erisa cause of action (D) recognizing cause of action for equitable estoppel under erisa (E) recognizing the cause of action

Answer: (C)


Question: or outrageous to state a claim for intentional infliction of emotional distress. However, in light of the evidence discussed above that Sergeant McNicholas had conspired to manufacture the evidence on which such a conviction would be based— viz., the Mejias’ possession of the cocaine, his actions do begin to take on an extreme and outrageous character. Second, Sergeant McNicholas’s alleged repeated use of ethnic slurs against them during the course of the Mejias’ arrest and subsequent interrogation would probably be sufficient on its own to state a claim for IIED. Several courts have held that a police officer’s use of ethnic slurs, when coupled with use of excessive force, is sufficient to state an IIED claim. See, e.g., Holder v. Ivanjack, 39 F.Supp.2d at 970 (applying Illinois law) (<HOLDING>); Oliver v. Cuttler, 968 F.Supp. 83, 93 
 Holding statements: (A) holding that plaintiff stated iied claim where officer allegedly hurled racial epithets at him and struck him without provocation (B) holding that because plaintiffs iied claim is based on the facts that support plaintiffs malicious prosecution claim plaintiffs iied claim did not accrue until the charges against them were dismissed (C) holding that plaintiff stated iied claim where officers yelled racial slurs at attacked and filed false charges against him (D) holding that the use of racial slurs and menacing remarks constitute severe conduct (E) holding that motorists allegation that racial epithet was used against him coupled with officers justifiable use of force did not state iied claim

Answer:
(C)