TASK DEFINITION: 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.
PROBLEM: nonetheless entitled to claim derivative asylum relief based on the possibility that their citizen child would be subjected to FGM. In so assuming, the majority’s remand is illusory. Although the practice of FGM is considered persecution under our law, there is no threat here since a United States citizen child cannot be deported to the country of her parents’ birth, and the parents cannot claim an unrecognized form of derivative relief when they themselves cannot establish entitlement to asylum. By usurping the prerogative of Congress, which alone has the power to create a new basis for cancellation of removal, the majority violates the separation of powers doctrine and creates an unnecessary conflict with the Seventh Circuit. See Oforji v. Ashcroft, 354 F.3d 609, 618 (7th Cir.2003) (<HOLDING>). Like the petitioner in Oforji, Mr. and Mrs. 
 Holding statements: (A) holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review (B) holding that an alien parent may not establish a derivative claim for asylum by pointing to potential hardship to the aliens united states citizen child in the event of the aliens deportation (C) holding that inconsistencies in the aliens statements must go to the heart of the asylum claim to justify an adverse credibility finding (D) holding that the failure to notify aliens counsel of an order to appear for deportation violated the aliens statutory right to counsel (E) holding that the crime of bringing aliens to the united states is complete when the initial transporter who brings the aliens to the united states ceases to transport them

SOLUTION: holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review

PROBLEM: hard at Whirlpool, that is not a mitigating factor. Those are things that we are expected to do, all of us. We are expected to work hard at our jobs. We are expected to be involved in our children’s lives. We are expected to be civil to the people that we work and live around. Those aren’t mitigating factor[s]. Those are what every single human being should do. The Defendant is asking for extra credit because he did it sometimes. Appellant argues that these statements misled the jury because Arkansas neither defines nor limits mitigation by statute. And, in fact, he points to decisions by this court wherein the court has held that there is no requirement that the mitigating circumstances reduce culpability for the offense. See Pickens v. State, 292 Ark. 362, 730 S.W.2d 230 (1987) (<HOLDING>). He asserts that the prosecutor’s remarks 
 Holding statements: (A) holding that a sentencer may not refuse to consider as a matter of law any relevant mitigating evidence (B) holding that sentencing scheme that permitted a limited range of mitigating evidence was unconstitutional because the eighth and fourteenth amendments require that the sentencer  not be precluded from considering as a mitigating factor any aspect of a defendants character or record and any of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death (C) holding that any relevant mitigating evidence concerning a defendants character should not be excluded (D) holding that relevant evidence supporting a defendants theory of defense should not be excluded unless no other remedy suffices (E) holding that a trial court must not preclude the jury from considering any aspect of the defendants character or circumstances as a mitigating factor

SOLUTION: holding that a sentencer may not refuse to consider as a matter of law any relevant mitigating evidence

PROBLEM: it is clear that the 2001 Order constitutes a valid order for purposes of § 401(b). To begin with, the 2001 Order is entitled “Memorandum Opinion and Order,” and it notes that “Tribune’s acquisition of the Hartford Courant during the pendency of its earlier-filed request to acquire control of WTXX triggers immediate application of the television/newspaper cross-ownership rule to its proposed purchase. Tribune therefore requests a two-year period ... to achieve compliance with [that rule]” (emphasis added). As that sentence demonstrates, there appeared to be no dispute that Tribune’s acquisition of WTXX violated the cross-ownership rule, and that the FCC was requiring Tribune to come into compliance with that rule. See Mallenbaum v. Adelphia Commun. Corp., 74 F.3d 465, 467 (3d Cir.1996) (<HOLDING>). The 2001 Order further states in paragraph 
 Holding statements: (A) holding that an agency regulation is not a privately enforceable 401b order unless it requires the defendant to take a particular action (B) holding that it is not (C) holding that a statutory time period is not mandatory unless it both expressly requires an agency or public official to act within a particular time period and specifies a consequence for failure to comply with the provisions (D) holding that a bankruptcy order is not final unless it 1 (E) recognizing that when an agency promulgates a regulation that is intended to preempt state law the regulation should not be disturbed unless there is evidence that it is contrary to congressional intent

SOLUTION:
holding that it is not