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.

Example Input: limitations was equitably tolled fails because he did not raise this argument before the district court. See Hinton v. Pac. Enters., 5 F.3d 391, 395 (9th Cir.1993) (<HOLDING>). Grace’s remaining contentions lack merit. 
 Holding statements: (A) holding that the burden to allege facts sufficient to establish jurisdiction resides with plaintiff (B) holding that the plaintiff bears the burden when relying on the discovery rule (C) recognizing the validity of the doctrine but holding no equitable tolling on the facts presented (D) holding that plaintiff bears the burden to timely allege facts supporting equitable tolling (E) holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction
Example Output: (D)

Example Input: The State Defendants also cite to cases from other circuits refusing to apply Ex Parte Young in suits challenging statutorily-created private rights of action. Okpalobi, 244 F.3d at 416-24; Children’s Healthcare is a Legal Duty, Inc. v. Deters, 92 F.3d 1412, 1416-17 (6th Cir.1996); see also Summit Med. Assocs., 180 F.3d at 1342. Their holdings are unsurprising given that no state officials were charged with enforcing those laws. However, in the case before me, certain state officials are expressly charged with enforcing the law. Indeed, the Eleventh and Sixth Circuits distinguished the cases before them from cases challenging penal laws enforceable by state officials, finding the latter suitable for application of Ex Parte Young. See Summit Med. Assocs., 180 F.3d at 1337-41 (<HOLDING>); Deters, 92 F.3d at 1416 n. 10 (distinguishing 
 Holding statements: (A) holding that the statute as applied violates the commerce clause (B) holding no error occurred in excluding portion of statement offered by defendant because the rejected portion of the conversation in no manner explains or modifies that portion of the conversation which came into evidence (C) holding that an offender convicted under the bestiality portion of the criminal sodomy statute does not have standing to challenge the constitutionality of die portion of the statute that criminalizes homosexual conduct (D) holding that clear language in one portion of a later may cause ambiguity in another portion to dissipate (E) holding that ex parte young applied to plaintiffs claims against the criminal portion of the statute
Example Output: (E)

Example Input: INA, the predicate conviction under § 922(g)(1) is not of an “aggravated felony,” nor even a “felony.” Instead, the predicate conviction under § 922(g)(1) is of any “crime punishable by imprisonment for a term exceeding one year.” Further, such conviction may be in “any court,” and what “constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held.” 18 U.S.C. § 921(a)(20). Case law interpreting Lope 798, at *4 (W.D.La. Sept.11, 2007) (“Further, since the resolution of petitioner’s predicament does not turn on an interpretation of the ‘aggravated felony’ provisions of the INA, the holding of Lopez, supra, does not apply.”); Maxwell v. Warden, No. 4:06 CV 2844, 2007 WL 546366, at *3 (ND.Ohio Feb.16, 2007) (<HOLDING>). Accordingly, I conclude Lopez does not apply 
 Holding statements: (A) holding the apprendi rule does not apply retroactively in the context of a  2241 petition (B) holding lopez did not apply to csa crimes outside of the ina context (C) holding that the attachment statute which did not expressly reach property beyond territorial limits of state would not be construed to apply to property outside state (D) holding that the fifth amendment did not apply to tribal government (E) holding for crimes committed on or after october 1 1988 the sentencing guidelines do not apply to habitual offender sentences
Example Output:
(B)