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.

Apr. 14, 2011). Accord Wright v. Goord, 554 F.3d 255, 274 (2d Cir.2009) (dismissing a retaliation claim whose only causal basis was a letter that plaintiff wrote many weeks before the allegedly retaliatory acts, implicating officers other than named defendants). See also Def. Mem. at 11 ("[A] claim that one defendant took action against the plaintiff in retaliation for a complaint made against a different [officer] [should be] viewed with particular skepticism."). 40 . Def, Mem. at 17. 41 . See id. (citing exclusively to Eighth Amendment cases). 42 .Id. 43 . See Wright, 554 F.3d at 274. 44 . Def. Mem. at 18. 45 . Def. Mem. at 19. 46 . Davis, 320 F.3d at 353. 47 . Dawes, 239 F.3d at 493. 48 . Compare Hofelich v. Ercole, No. 06 Civ. 1369, 2010 WL 1459740, at *2 (S.D.N.Y. Apr. 10, 2010) (<HOLDING>), with Rembert v. Cheverko, No. 12 Civ. 9196,
Holding statements: (A) holding that the plaintiffs placement on paid administrative leave constituted an adverse action for purposes of a first amendment retaliation claim (B) holding that a verbal threat of being fired is not an adverse employment action for purposes of title vii (C) holding that verbal threats if they are specific can constitute adverse action for retaliation purposes (D) holding that a suspension with pay may constitute materially adverse action for the purposes of retaliation claims depending on the facts of the case (E) holding that a transfer of job duties can constitute an adverse employment action
holding that the plaintiffs placement on paid administrative leave constituted an adverse action for purposes of a first amendment retaliation claim

where he admitted that other Dunkin' Donuts shops do sell soft drinks such as milk, juice or soda. See Trpko Taseski Depo., attached as Exh. 3B to plaintiffs motion, p. 61. Defendants' only response to plaintiffs argument regarding the inapplicability of the rider are these two brief sentences: "Plaintiffs cases are inappositive. The controlling principle of law is that money paid under a mistake of fact can be recouped in an action assumpsit." However, defendants' claim of a "mistake of fact" is unsupported by the record. To the contrary, the facts presented confirm that no mistake was made because defendants' were correct in voluntarily paying fees on the sales of such products. There is therefore no ground for an actio ranchise Guide (CCH) 11,290 (S.D.Fla. Oct. 30, 1997) (<HOLDING>). Defendants argue that the Michigan Franchise
Holding statements: (A) holding that under michigan franchise investment law franchisees failure to comply with lawful provisions in franchise agreements by failing to pay royalties and advertising fees and failing to file monthly sales reports constituted good cause for franchisors termination of agreements where franchisor gave notice of termination in writing and franchisees made no effort to cure (B) holding that although a reason was provided in the termination letter the without cause termination provision was applicable (C) holding that franchisees tax evasion scheme provided cause for termination (D) holding that franchisees illegal sale of cigarettes to minors provided cause for termination (E) holding that traditional commercial contract provided for termination at will under arkansas law
holding that under michigan franchise investment law franchisees failure to comply with lawful provisions in franchise agreements by failing to pay royalties and advertising fees and failing to file monthly sales reports constituted good cause for franchisors termination of agreements where franchisor gave notice of termination in writing and franchisees made no effort to cure

are deemed removable because they were convicted of two crimes involving moral turpitude. See INA 242(a)(2)(C) [8 U.S.C. 1252(a)(2)(C) ] (precluding jurisdiction where alien is removable pursuant to 237(a)(2)(A)(ii)). In addition, we lack jurisdiction to review purely discretionary decisions, see INA 242(a)(2)(B)(ii) [8 U.S.C. 1252(a)(2)(B)(ii) ], such as the "manner in which the BIA balanced the various positive and negative factors which typically inform the exercise of its discretion under" INA 240A. Cruz-Camey v. Gonzales, 504 F.3d 28, 29 (1st Cir.2007). Despite these jurisdiction-stripping provisions, we may review "constitutional claims and questions of law presented in petitions for review of fin scretion. See Paredes v. Att'y Gen., 528 F.3d 196, 198-99 (3d Cir.2008) (<HOLDING>). For the foregoing reasons, we will grant the
Holding statements: (A) holding that all convictions remain valid for immigration purposes (B) holding that the oneyear statute of limitations was not tolled during the pendency of petition for certiorari to the united states supreme court seeking review of denial of state postconviction relief (C) holding pendency of postconviction judicial proceedings relevant to immunity determination (D) holding that regulations that permitted an immigration official to reinstate removal orders violated the immigration and nationality act (E) holding that the pendency of postconviction motion does not negate the finality of convictions for immigration removal purposes
holding that all convictions remain valid for immigration purposes