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.

Input: Consider Input: cap in determining the amount of benefits another person was able to receive. Id. at 615. Although in Parisi, the child was suffering from the technical entitlement, the case stands for the proposition that a technical entitlement of zero should be counted as zero when computing family maximums. Considering that the purpose of the family maximum is to set a maximum that can be given from one wage earner's account, Parisi complies with this purpose. IV. BY CITING PARISI, HAS PLAINTIFF RAISED A NEW ISSUE THAT IS NOT PROPERLY INCLUDED IN THIS JUDICIAL REVIEW? "[I]f petitioner wishes to preserve an issue for appeal, he must first raise it in the proper administrative forum_" Tejeda-Mata v. INS, 626 F.2d 721, 726 (9th Cir.1980); See Chung Young Chew v. Boyd, 309 F.2d 857, 861 (9th Cir.1962) (<HOLDING>). Yet, in Tejeda-Mata the court held this "in
Holding statements: (A) recognizing that failure to observe the required process deprives the court of jurisdiction (B) holding that the court lacked jurisdiction over the petition for review because the aliens did not appeal the ijs denial of their motion to reopen to the board resulting in failure to exhaust their administrative remedies (C) holding that partys failure to file a timely internal administrative appeal as required by regulations of the department of agriculture constituted failure to exhaust administrative remedies and precluded judicial action (D) recognizing that failure by state to provide the required certification deprives appeals court of jurisdiction over appeal (E) holding that failure to take available appeal to board of immigration appeals constitutes failure to exhaust administrative remedies and deprives the court of appeals of jurisdiction to review

Output: recognizing that failure to observe the required process deprives the court of jurisdiction

Input: Consider Input: was safe to operate, afforded discretion to the FAA to "make its own findings" whether the submitted documentation satisfied that requirement. Id. Likewise, as the district court noted, 49 C.F.R. 385.17(f) is not a "check list." J.A. at 105. It leaves it to the FMCSA to determine whether a carrier's submission provides evidence that corrective action has been taken, and whether the agency has the resources to reach a final decision within 45 days. Such decisions, which relate to a regulatory agency's "implementation of a mechanism for compliance review" and necessarily require "balancing the objectives sought to be obtained against such practical considerations as staffing and funding," constitute discretionary functions themselves. Varig Airlines, 467 U.S. at 819-20, 104 S.Ct. 2755 (<HOLDING>). Discretion thus suffuses 49 C.F.R.
Holding statements: (A) recognizing a discretionary function exception to that waiver (B) holding that the faas alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spotcheck program involved calculated risks but fell squarely within the discretionary function exception (C) holding that actions against the faa for its alleged negligence in certificating aircraft for use in commercial aviation are barred by the discretionary function exception of the federal tort claims act id at 821 104 sct 2755 because the faas decisions as to the manner of enforcing regulations is plainly a discretionary activity id at 819 21 104 sct 2755 (D) holding that the faas application of a spotcheck system to a particular aircraft was a discretionary function (E) holding that the discretionary function exception may apply in the absence of a conscious decision

Output: recognizing a discretionary function exception to that waiver

Input: Consider Input: relation to the grant of relief from the automatic stay. 28 . In following the analytic framework of Hernandez, I recognize that the case may hold implicitly that the fact that a debt is nondis-chargeable under 523(a)(8) and that, outside the ba (concluding that a plan to fully pay a student loan obligation while paying all other unsecured claims a dividend of 3% unfairly discriminated against the class of other unsecured creditors) and In re Thibodeau, 248 B.R. 699 (Bankr.D.Mass.2000) (applying four-prong test of In re Leser, 939 F.2d 669 (8th Cir.1991) to conclude that a 36-month plan unfairly discriminated where it proposed to fully pay student loan debt while providing only a 27% dividend on other general unsecured claims) with In re Dodds, 140 B.R. 542 (Bankr.D.Mont.1992) (<HOLDING>) and In re Boggan, 125 B.R. 533
Holding statements: (A) holding that unsecured creditor could not appeal decision determining priority among secured creditors because it would not affect the payment of his claims (B) holding that plan proposing and payment of nondischargeable student loan in full outside plan according to its terms for 54 months and 79 payment to unsecured creditors over 36 months did not discriminate unfairly among unsecured class (C) holding that plan did not unfairly discriminate against unsecured noteholder class receiving 327 percent recovery while awarding general unsecured creditors a 100 percent recovery because differing treatment was justified (D) holding that the fresh start was a legitimate interest to discriminate in a plan whereby the debtor proposed to pay the student loan in full while paying 15 of the other unsecured claims (E) holding that a 56month chapter 13 plan that proposed to pay 17 of the anticipated dividend to student loan creditors while making no distribution to other unsecured creditors unfairly discriminates and could not be confirmed
Output: holding that unsecured creditor could not appeal decision determining priority among secured creditors because it would not affect the payment of his claims