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.

Q: on one." Strickland, 466 U.S. at 697, 104 S.Ct. at 2069. Capshaw cannot establish that his attorney's performance was deficient for failing to object to the admission of cell phone records. His trial counsel would not have prevailed on such an objection under the governing law, and thus counsel's performance was not deficient for failing to object. It is undisputed that the government obtained a court order, under 18 U.S.C. 2703, requiring Sprint Nextel to produce the cell phone records of Capshaw and three other people to show calls between them during the period of the murder-for-hire plot. Obtaining those telephone rec ords through a 2703 court order did not violate the Fourth Amendment. See Smith v. Mainland, 442 U.S. 735, 743-44, 99 S.Ct. 2577, 2582, 61 L.Ed.2d 220 (1979) (<HOLDING>). Capshaw had no reasonable expectation of
Holding statements: (A) holding anticipatory warrant for search of defendants home was invalid because facts made known to magistrate did not establish at time warrant was issued the required nexus between the contraband to be seized which was mailed to defendants post office box and defendants home (B) holding that search warrant was constitutionally defective because it did not require notice (C) holding that an arrest warrant without a search warrant does not permit law enforcement authorities to enter a third partys home to legally search for the subject of the arrest warrant (D) holding that telephone company records of calls made from a defendants home did not require the government to seek a search warrant (E) holding that consent searches do not require probable cause to justify the search of a home

A: (D)
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Q: if the terms of the health care plan specifically exclude from coverage the cost of an appendectomy, then any injuries caused by the refusal to cover the appendectomy are properly attributed to the terms of the plan itself, not the managed care entity that applied those terms. 4 Respondents also argue that ERISA 502(a) completely pre-empts a state cause of action only if the cause of action would be pre-empted under ERISA 514(a); respondents then argue that their causes of action do not fall under the terms of 514(a). But a state cause of action that provides an alternative remedy to those provided by the ERISA civil enforcement mechanism conflicts with Congress' clear intent to make the ERISA mechanism exclusive. See Ingersoll-Rand Co. v. McClendon, 498 U. S.133, 142 (1990) (<HOLDING>). 5 ERISA 514(b)(2)(A), 29 U. S. C.
Holding statements: (A) holding that the plaintiffs causes of action were preempted because their claims were premised on the existence of an erisa plan (B) recognizing cause of action (C) holding that ejven if there were no express preemption under erisa 514a of the cause of action in that case it would be preempted because it conflicted directly with an erisa cause of action (D) recognizing cause of action for equitable estoppel under erisa (E) recognizing the cause of action

A: (C)
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Q: the undisputed facts do not establish that Perez currently lives in the Dominican Republic or is a member of the police force in that country, as Pau-lino asserts. Moreover, the evidence does not show that any public official in the Dominican Republic would consent or acquiesce to the mistreatment of Paulino. The record, therefore, does not compel the conclusion that Paulino is entitled to deferral of removal under the CAT. Finally, to the extent that Paulino takes issue with the BIA's resolution of factual issues (such as whether Perez lives in the Dominican Republic or is a police officer there), and its weighing of the evidence presented, we agree with respondent that we lack jurisdiction to review those issues. See Jarbough v. Att'y Gen., 483 F.3d 184, 189 (3d Cir.2007) (<HOLDING>). III. For the reasons stated, we will deny the
Holding statements: (A) recognizing that the bia must defer to the factual findings of the ij unless they are clearly erroneous (B) holding that an attorneys arguments are not evidence (C) recognizing that arguments such as that an ij or the bia incorrectly weighed evidence failed to consider evidence or improperly weighed equitable factors are not questions of law under 1252a2d (D) holding that we will not review an issue or claim that was not presented to the bia in the petitioners notice of appeal or brief to the bia even if the bia considered the issue or claim sua sponte (E) holding that review of questions not raised to the bia is barred

A:
(C)
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