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]: efforts to persuade an Immigration Judge to exercise her discretion to grant him a deportation waiver — the removal of that discretion would constitute a violation of the Ex Post Facto Clause. Furthermore, given that parole eligibility is “considered an integral part of any sentence,” Shepard, 556 F.2d at 654; see also Warden, 417 U.S. at 658, 94 S.Ct. at 2535-36, I think that the availability and likelihood of a deportation waiver should also be so considered. In explaining the basis for its con- elusion that parole eligibility or gain time should be considered part of 86, 68 L.Ed. 549 (1924) (“It is well settled that deportation, while it may be burdensome and severe for the alien, is not a punishment.”); Bugajewitz v. Adams, 228 U.S. 585, 591, 33 S.Ct. 607, 608, 57 L.Ed. 978 (1913) (<HOLDING>) (citing Fong Yue Ting v. United States, 149 
 Holding statements: (A) holding that the amount of sanctions is appropriate only when it is the minimum that will serve to adequately deter the undesirable behavior (B) holding that the determination that an alien is an undesirable person is not a conviction of crime nor is the deportation a punishment it is simply a refusal by the government to harbor persons whom it does not want (C) holding that it is not (D) holding that for sentencing purposes the government does not need to allege a defendants prior conviction or prove the fact of a prior conviction where that fact is not an element of the present crime (E) holding that habeas review is  for any alien held in custody pursuant to an order of deportation
[A]: (B)


[Q]: absence of any effort to serve Bustos with a summons or a complaint, the Receiver cannot claim substantial compliance with Rule 4. The Receiver’s failure even to attempt to comply with Rule 4 is no “minor defect,” United Food & Commercial Workers Union v. Alpha Beta Co., 736 F.2d 1371, 1382 (9th Cir.1984), that can be remedied by actual notice. More importantly, the difficulty here runs deeper than mere insufficient service of process. The Receiver never filed a complaint and never named Bustos as a party. In other words, the Receiver never commenced an action against Bustos, see Fed. R. Civ. P. 3; it simply named Bustos in a motion for the disgorgement of allegedly ill-gotten gains earned through the sale of unregistered securities. See In re Alpha Telcom, 2004 WL 3142555, at *1 (<HOLDING>). Prior to Bustos’s intervention in the action, 
 Holding statements: (A) holding pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons (B) holding that the court lacks jurisdiction where a complaint was filed more than 30 days after the filing of the summons (C) holding that a title vii cause of action is limited to those discrimination allegations in the complaint that have been under the scrutiny of a formal eeoc complaint (D) holding that a formal summons and complaint were unnecessary because the motion before the court is not an independent action (E) holding that service of a statecourt summons and complaint after removal to federal court is valid service
[A]: (D)


[Q]: its discretion in proceeding to trial in light of the evidence indicating the defendant’s incompetency to proceed is to vacate defendant’s judgment and remand the case to the trial court for a new trial if and when defendant is properly determined competent to proceed with trial. Compare McRae II, 163 N.C. App. at 361, 594 S.E.2d at 74 (noting the proper remedy in cases where the trial court failed to conduct a competency hearing in violation of a defendant’s due process rights is to remand the case to the trial court to (1) determine whether it is possible for a retrospective competency hearing to be held effectively, and (2) if so, to hold such a hearing to determine defendant’s competency at the time of trial), with State v. Reid, 38 N.C. App. 547, 550, 248 S.E.2d 390, 392 (1978) (<HOLDING>). Nonetheless, in the present case, Dr. Corvin 
 Holding statements: (A) holding that where the meaning of the jurys verdict was not clear in light of the trial courts jury instructions the court of appeals erred in directing entry of judgment for respondent the case should have been remanded to the trial judge who was in the best position to pass upon the question of a new trial in light of the evidence his charge to the jury and the jurys verdict (B) holding that the appellants failure to provide a transcript of the proceedings was fatal to its claims because without a record of the trial proceedings the appellate court can not sic properly resolve the underlying factual issues so as to conclude that the trial courts judgment is not supported by the evidence or by an alternative theory (C) holding that where the trial courts determination that the defendant was mentally capable to proceed with trial was not supported by the evidence the verdict and judgment must be vacated and the cause remanded for further proceedings against the defendant (D) holding that disposition order be vacated and the cause remanded for correction thereof (E) holding that under aspinwall when the trial court submits to the jury a good count  one that is supported by the evidence  and a bad count  one that is not supported by the evidence  and the jury returns a general verdict this court cannot presume that the verdict was returned on the good count in such a case a judgment entered upon the verdict must be reversed
[A]:
(C)