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: While Zadvydas does not explicitly mention bond, the opinion does cite to a regulation — 8 C.F.R. § 241.5 (promulgated by the Attorney General pursuant to his power under 8 U.S.C. § 1103) — which does allow the conditioning of release upon the posting of bond. See 8 C.F.R. § 241.5(b) (“An officer authorized to issue an order of supervision may require the posting of a bond in an amount determined by the officer to be sufficient to ensure compliance with the conditions of the order, including surrender for removal.”). Given this language in Zadvydas, we hold that conditioning a post-removal-order immigrant’s release upon the posting of a bond is permissible. The one circuit court to have considered this question reached the same conclusion. Doan v. INS, 311 F.3d 1160 (9th Cir.2002) (<HOLDING>). C. A post-removal-order bond must be 
 Holding statements: (A) holding that even though a bond contained provisions not required by statute it must be considered statutory and not common law because the bond did not expand the payment provisions beyond those stated in statute (B) holding that the bond was intended to and did substantially comply with sjection 71323 therefore because its conditions were not broader and more protective than the statute required the contention that the bond was a common law bond failed (C) holding that taxable costs included only the premium on a surety bond posted on appeal not the fees paid for letters of credit to secure the bond where the state statute and court rule only specifically allowed for premium on any surety bond (D) holding that a bond is well within the kinds of conditions contemplated by the supreme court in zadvydas and noting that although the statute authorizing terms of supervision 8 usc  1231a3 and 6 does not expressly authorize a bond it does not exclude such a condition (E) recognizing that no bond or a nominal bond may be appropriate in cases involving the public interest

Answer: holding that even though a bond contained provisions not required by statute it must be considered statutory and not common law because the bond did not expand the payment provisions beyond those stated in statute


Question: P.2d 171, 174-75 (1997) (providing that a party seeking to change custody must establish that circumstances have substantially changed since the most recent custodial order, and that any events that took place before the prior proceedings cannot be used to show changed circumstances). Although we will not substantively review the decree’s child custody arrangement because of mootness, we note, in passing, that a district court, faced with evidence that one parent is attempting to disrupt the other parent’s 8 (1993); see also NRS 125.480(1) (providing that the sole consideration in awarding custody of a child is the best interest of the child). 11 84 Nev. 710, 447 P.2d 664 (1968). 12 Id. at 711, 447 P.2d at 665. 13 Cf. Hopper v. Hopper, 113 Nev. 1138, 1143, 946 P.2d 171, 174-75 (1997) (<HOLDING>). 14 Most v. Most, 477 A.2d 250, 263 (Me. 1984) 
 Holding statements: (A) recognizing that conduct that preceded the prior custody determination cannot be admitted to show a change in circumstances (B) holding the teenage childrens preference to live in fathers home was sufficient evidence to support a change in physical custody in a modification of a split physical custody arrangement even though the party seeking the change failed to demonstrate a change in circumstances (C) holding that a showing of a change in circumstances that is or is likely to be beneficial to the child may also warrant a change in custody (D) holding that a subsequent petition may be filed upon a showing of a change in circumstances (E) holding court cannot change custody without showing that change is in best interests of child

Answer: holding the teenage childrens preference to live in fathers home was sufficient evidence to support a change in physical custody in a modification of a split physical custody arrangement even though the party seeking the change failed to demonstrate a change in circumstances


Question: Mathews has named a number of white employees whom he believes were similarly situated and were not terminated. From an examination of the affidavits in the record, it appears that employees named Schmidt, Hoile, Warner, Blanford and “Moonehicken” possibly had attendance problems. See generally Flint, Figueroa, Gamble, Hines and Wedge Affs. However, these affidavits, besides being primarily hearsay and speculation, contain only general statements regarding these individuals’ behavior that do not meet Mathews’ burden of establishing that these Caucasian employees also repeatedly violated Giant policies, that Giant policies required the employees’ termination and that the employees were not terminated. See Evans v. Techs. Applications & Serv. Co., 80 F.3d 954, 962 (4th Cir.1996) (<HOLDING>). Therefore, Mathews has failed to establish 
 Holding statements: (A) holding that affidavits that are conclusory and based on hearsay can not be used to oppose motion for summary judgment (B) holding that party may not rely on conclusory statements or an argument that the affidavits in support of the motion for summary judgment are not credible (C) holding that statements in affidavits based solely on hearsay are inadmissible as summary judgment evidence (D) holding that unsworn statements signed under penalty of peijury can be used to oppose a motion for summary judgment (E) holding affidavits based on conclusory allegations insufficient at summary judgment

Answer:
holding that party may not rely on conclusory statements or an argument that the affidavits in support of the motion for summary judgment are not credible