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.

contractual obligation.” Peralta v. Cendant Corp., 123 F.Supp.2d at 65. See Belgrave v. City of N.Y., 1999 WL 692034, *45 (E.D.N.Y.1999) (Gleeson, J.)(dismissing the plaintiffs breach of contract claim where employee claimed that employer failed to follow its procedures for providing equal opportunity to employees); Mutua v. Tex. Roadhouse Mgmt. Corp., 753 F.Supp.2d 954, 968-69 (D.S.D.2010) (Schreier, J.Xgranting summary judgment on a breach-of-contract claim seeking to enforce the anti-discrimination provisions in the employer’s employee handbook, because the employer already must abide by Title VII and a promise to perform a legal duty is not consideration for a return promise); Byra-Grzegorczyk v. Bristol-Myers Squibb Co., 572 F.Supp.2d 233, 254 (D.Conn.2008) (Kravitz, J.)(<HOLDING>); Gally v. Columbia Univ., 22 F.Supp.2d 199, 
 Holding statements: (A) recognizing that idea is simply not an antidiscrimination statute so that pure discrimination claim was not barred by parents failure to exhaust remedies under idea (B) holding that an administrative agency or a state courts finding that an employer had just cause to terminate a plaintiff is not preclusive with regard to the plaintiffs discrimination claim against the employer (C) recognizing that an antidiscrimination policy does not indicate that an employer is undertaking any contractual obligations towards the employee rather it requires the employer to comply with federal and state antidiscrimination laws (D) holding that the employee must at least provide his employer with enough information for the employer to be put on notice that the fmla is a consideration (E) holding an employee is an agent of his employer where the employer assumes the right to control time manner and method of work
recognizing that idea is simply not an antidiscrimination statute so that pure discrimination claim was not barred by parents failure to exhaust remedies under idea

of benefits in 1989 established a "pattern” of benefit increases such that the Plan's later rescission of the 1999 Benefits Increase, which was adopted ten years after the 1989 increase, violated the anti-cutback rule. We find this argument to be without merit as a matter of law. 18 . Thornton also alleges that the Board breached its fiduciary duty by favoring one class of Plan participants over another class, specifically by eliminating the 1999 Benefits Increase for pre-February 1, 1999 retirees while maintaining it for Plan participants retiring on or after that date. Thornton waived this argument on appeal, however, by waiting until his reply brief to address the issue, rather than raising it first in his opening brief. United States v. Perkins, 994 F.2d 1184, 1191 (6th Cir.1993) (<HOLDING>). 19 . 29 U.S.C. § 1132(a) states in relevant 
 Holding statements: (A) holding that arguments raised for the first time in a reply brief are forfeited (B) holding that an argument raised for the first time in a reply brief is waived (C) holding that issue raised for the first time in reply brief was waived (D) holding issues raised for the first time in a reply brief are not properly before this court (E) holding that issues not raised before the district court cannot be raised for the first time before this court
holding that arguments raised for the first time in a reply brief are forfeited

but indeed compels it”) (internal quotations and citations omitted) (emphasis in original). Substantial evidence supports the BIA’s affirmation of the immigration judge’s decision; the record evidence does not compel a contrary conclusion. Lin also argues the immigration judge erred in failing to find a nexus between his Falun Gong activities and the confiscation of his gaming equipment, and in failing to properly review the State Department Human Rights Report on China. However, these claims have not been administratively exhausted because Lin did not present them in his brief for his BIA appeal. This Court does not have jurisdiction to consider claims that have not been administratively exhausted. 8 U.S.C. § 1252(d)(1); see also Ramani v. Ashcroft, 378 F.3d 554, 559-60 (6th Cir.2004) (<HOLDING>). To the extent Lin also argues this Court 
 Holding statements: (A) holding only claims properly presented to the bia and considered on their merits can be reviewed by this court in an immigration appeal (B) holding that we will not review an issue or claim that was not presented to the bia in the petitioners notice of appeal or brief to the bia even if the bia considered the issue or claim sua sponte (C) holding that an issue not presented to the trial court will not be considered on appeal (D) holding that a deposition that was not presented to the trial court could not be considered on appeal (E) holding that an issue raised for the first time on appeal will not be considered by this court

holding that we will not review an issue or claim that was not presented to the bia in the petitioners notice of appeal or brief to the bia even if the bia considered the issue or claim sua sponte