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: by [the motorist]." Freitas II, 108 Hawai'i at 44, 116 P.3d at 686 (citing Desmond, 91 Hawai'i at 219, 982 P.2d at 353) (brackets in original). In Desmond, the ICA noted that "it is advisable that, at the commencement of the administrative hearing, the Hearing Officer inform the parties what procedure he or she will follow." 91 Hawai'i at 219, 982 P.2d at 353 (emphasis added). In rejecting Freitas's argument, this court observed that "procedural due process requires that a person have an 'opportunity to be heard at a meaningful time and in a meaningful manner.' " 108 Hawai'i at 44, 116 P.3d at 686 (quoting Farmer v. Admin. Dir. of the Courts, 94 Hawai'i 232, 238, 11 P.3d 457, 463 (2000)); cf. Padilla-Agustin v. Immigration & Naturalization Serv., 21 F.3d 970, 974 (9th Cir.1994) (<HOLDING>). Since the hearing officer had advised Freitas
Holding statements: (A) holding that due process requires not only notice but sufficient information to allow petitioner to prepare and present objection to the agencys preliminary action or decision (B) holding that notice to the attorney of record constitutes notice to the petitioner (C) holding that constitutional due process in civil contempt proceedings requires notice and a hearing but not the right to counsel (D) holding that due process requires a hearing appropriate to the nature of the case (E) holding that due process requires that notice be reasonably calculated under all circumstances to provide parties with notice of the pending action

SOLUTION: holding that notice to the attorney of record constitutes notice to the petitioner

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: a level of presumed prejudice and does not require a showing of prejudice as required under Strickland; it imposes the lesser burden of having to prove some adverse impact. 4 . In Dixson v. Quarles, 627 F.Supp. 50 (E.D.Mich.1985), the district court utilized this standard. On appeal, this court approved the district court's holding and analysis under that standard. Dixson v. Quarles, 781 F.2d 534 (6th Cir.1985), cert. denied, U.S. -, 107 S.Ct. 411, 93 L.Ed.2d 362 (1986). 5 . Assistant Prosecutor Schigur testified at the magistrate's evidentiary hearing that he would have considered accepting a plea from a single defendant under those conditions. 6 . But see Baty v. Balkcom, 661 F.2d 391, 396-97 (Former 5th Cir.1981), cert. denied, 456 U.S. 1011, 102 S.Ct. 2307, 73 L.Ed.2d 1308 (1982) (<HOLDING>). This holding of Baty has since been
Holding statements: (A) recognizing conflict (B) recognizing the conflict (C) holding the existence of a possible conflict required remand for a determination of whether an actual conflict of interest existed and holding a new trial would be required if an actual conflict existed (D) holding that to demonstrate that a conflict of interest violated his sixth amendment rights a defendant must establish that an actual conflict of interest adversely affected his lawyers performance (E) holding that habeas petitioner need not demonstrate adverse effect on representation but need only prove an actual conflict to justify habeas relief on account of a conflict of interest

SOLUTION:
recognizing conflict