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.

Ex Input:
commencing an action will be assumed to have waived its right to arbitration when its use of the judicial process is clearly inconsistent with seeking arbitration at a later date." Id. (internal quotation marks and citation omitted). Applying this law, Judge Weinstein' concluded that choosing to file a claim in court rather than arbitrate constitutes a waiver of the right to arbitrate. Id. (citing Digitronics Inventioneering Corp. v. Jameson, 52 A.D.3d 1099, 860 N.Y.S.2d 303 (3d Dep't 2008)). I agree with Judge Weinstein's well-reasoned decision that, if New York law applies, the decision to litigate disputes over unpaid claims in state court precludes Defendants from now seeking to compel arbitration with respect to those same claims. But see Grand Med. Supply, 2012 WL 2577577, at *2 (<HOLDING>). Moreover, I would reach the same result even
Holding statements: (A) holding that mandatory arbitration agreements in the employment context fall under the faa (B) holding that the framework for determining any disputed issues concerning arbitration must be determined in the context of the faa (C) holding that the faa requires arbitration of age discrimination claims when a valid arbitration agreement exists (D) holding that faa was inapplicable where parties involved in action are not parties to an arbitration agreement under which issues are referable to arbitration (E) holding that the faa mandates courts to direct parties to arbitration on issues to which a valid arbitration agreement has been signed

Ex Output:
holding that mandatory arbitration agreements in the employment context fall under the faa

Ex Input:
"the evidence in the record compels a reasonable factfinder to conclude that the [BIA's] decision is incorrect." Id. Purely legal questions, including jurisdictional questions, are reviewed de novo. See Taslimi v. Holder, 590 F.3d 981, 984 (9th Cir.2010). III. ASYLUM To qualify for asylum, an applicant must file her application within one year after arrival in the United States. 8 U.S.C. 1158(a)(2)(B). The limitations period will be tolled if the applicant can establish changed circumstances that materially affect her eligibility for asylum. 8 U.S.C. 1158(a)(2)(D); 8 C.F.R. 208.4(a)(4)(i). Contrary to the government's argument, we have jurisdiction to review an agency's changed circumstances determination. See Ramadan v. Gonzales, 479 F.3d 646, 648 (9th Cir.2007) (per curiam) (<HOLDING>). Petitioners argue that Sael v. Ashcroft, 386
Holding statements: (A) holding question of law applied to undisputed facts reviewed de novo (B) recognizing that this court reviews de novo the trial courts interpretation and application of a statute to undisputed facts (C) recognizing the issue may be decided as a question of law if the facts are undisputed and support only one inference (D) holding that when the facts of a robbery are undisputed the imposition of the enhancement is a question of the application of the guidelines to be reviewed de novo (E) holding that the real id act restored jurisdiction over the changed circumstances question because this question involved the application of a statutory standard to undisputed facts

Ex Output:
holding question of law applied to undisputed facts reviewed de novo

Ex Input:
Carolina address and received notification that the petition was "not deliverable as addressed, unable to forward." As to the second method, service through CT Corporation, the Thompsons received notice from CT that it was not Deutsche's agent. Finally, the district court also rejected the Thompsons' third argument, that service on ASC was service on Deutsche. A citation must be "directed to the defendant." Tex.R. Civ. P. 99(b)(8). The citation to ASC was directed only to it with no mention of Deutsche. Thus, we agree with the district court that Deutsche was never properly served. 6 . The Court need not consider ACS's citizenship, which is unclear from the record, because ACS was not a party at the time of removal. See Badon v. RJR Nabisco, Inc., 224 F.3d 382, 390-91 (5th Cir.2000) (<HOLDING>). 7 . The United States apparently argued in
Holding statements: (A) holding that a colorable claim was asserted against the nondiverse agent of the insurer blocking removal of the suit to federal court (B) holding that the limitation of 1367b applies only to plaintiffs efforts to join nondiverse parties (C) holding that were the court to find fraudulent joinder as to a nondiverse defendant on the basis of evidence equally dispositive of the liability of that defendant and a nondiverse defendant a refusal later in the proceedings to give judgment for the diverse defendant on the same grounds in turn would require the court to revisit a ruling that the nondiverse defendant was fraudulently joined (D) holding that district court appropriately dismissed suit for lack of subject matter jurisdiction when the case was moot (E) recognizing that a case becomes removable when nondiverse parties are dismissed subject to the oneyear limitation on removal

Ex Output:
holding that a colorable claim was asserted against the nondiverse agent of the insurer blocking removal of the suit to federal court