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. 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.
PROBLEM: The agency reasonably found that unfulfilled threats, which were the only individualized harm Yang alleged he had suffered, did not rise to the level of persecution. See Ci Pan v. United States Atty. General, 449 F.3d 408, 412-13 (2d Cir.2006). This is so, even when considered in conjunction with his father’s alleged beating, because, as the IJ noted, Yang did not allege that this incident resulted in any injuries to his father or caused Yang any continuing harm. See Shi Liang Lin v. U.S. Dep’t of Justice, 494 F.3d 296, 308 (2d Cir.2007) (“the statutory scheme unambiguously dictates that applicants can become candidates for asylum relief only based on persecution that they themselves have suffered or must suffer”); see also Tao Jiang v. Gonzales, 500 F.3d 137, 141-42 (2d Cir.2007) (<HOLDING>). Therefore, the agency did not err in finding 
 Holding statements: (A) holding that an asylum applicant cannot claim past persecution based solely on the harm that was inflicted on a family member on account of that family members political opinion or other protected characteristic (B) recognizing that an applicant may be able to demonstrate persecution based on persecution of family members where the applicant shares  the characteristic that motivated persecutors to harm the family member was in the zone of risk when the family member was harmed and suffered some continuing hardship after the incident citing jorgetzoc v gonzales 435 f3d 146 150 2d cir2006 (C) holding that absent a pattern of persecution linked to the applicant persecution of family members is insufficient to demonstrate a wellfounded fear of persecution (D) recognizing that the harm suffered by family members in combination with other factors  would presumably only be persecution where  the applicant not only shares or is perceived to share the characteristic that motivated persecutors to harm the family members but was also within the zone of risk when the family member was harmed and suffered some continuing hardship after the incident (E) holding the wifes testimony that husbands release would cause psychological harm to other family members was insufficient to support commitment courts finding that husband would cause serious bodily harm to another person

SOLUTION: (D)

PROBLEM: involvement with five or more kilograms of cocaine, arguing that he had withdrawn before El Don organized the delivery of the intercepted 7.2 kilograms of cocaine on March 25, 2011. Ortega argues that the sole evidence of a conspiracy existing at the time of the seizure of 7.2 kilograms of cocaine on March 25, 2011 was the April 17, 2011 phone calls between Ortega and El Don. In that call Ortega had arranged for El Don to buy five kilograms of cocaine. Ortega’s argument is unavailing. A conspiracy between Ortega and El Don having been established by the government, the burden rested with Ortega to prove that he affirmatively withdrew from it, not with the government to prove the nonexistence of withdrawal. See Smith v. United States, — U.S. -, 133 S.Ct. 714, 720, 184 L.Ed.2d 570 (2013) (<HOLDING>). We conclude that Ortega has not met his 
 Holding statements: (A) holding that in passing 21 usc  846 congress left the common law burden of proving the affirmative defense of withdrawal on the defendant rather than requiring the government to prove nonexistence of withdrawal (B) holding that the government was not responsible for delay from withdrawal of guilty plea (C) holding that the defendant has the burden of proving a fair and just reason for withdrawal of a guilty plea (D) holding that defendant was responsible for the delay from the withdrawal of his guilty plea (E) holding that when congress is silent on the issue of the burden of proof applicable to a common law affirmative defense that does not negate an element of the offense we presume congress intended the defendant to bear the burden of proof of the defense by a preponderance of the evidence

SOLUTION: (A)

PROBLEM: into Execution ... all other Powers vested by this Constitution in the Government of the United States.” Although other circuits have held that the combined effect of these provisions does not permit Congress to regulate “pure” state or local elections, see Bowman, 636 F.2d at 1011, elections in which federal and state candidates are on the same ballot are properly subject to federal regulation. Ibid, (observing that “Congress may regulate any activity which exposes the federal aspects of the election to the possibility of corruption, whether or not the actual corruption takes place and whether or not the persons participating in such activity had a specific intent to expose the federal election to such corruption or possibility of corruption”); see also McCranie, 169 F.3d at 727 (<HOLDING>). Under the Elections Clause, Congress is 
 Holding statements: (A) holding that the contracts clause article i section 10 clause 1 to the united states constitution does not apply to the actions of the federal government (B) holding no violation of federal establishment clause (C) holding that elections clause and the necessary and proper clause combine to provide congress with the power to regulate mixed federal and state elections even when federal candidates are running unopposed (D) holding that state court could regulate the practice of law in federal courts located in the state (E) holding that the power to regulate the business of another and especially of a competitor is a denial of rights safeguarded by the due process clause

SOLUTION:
(C)