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.
One example is below.
Q: Drapeau's cohorts, the cohort would be a "victim" of making the bomb. Further, firebombs are inherently dangerous. There is no peaceful purpose for making a bomb. Felony offenses that involve explosives qualify as "violent crimes" for purposes of enhancing the sentences of career offenders. See 18 U.S.C. 924(e)(2)(B)(ii) (defining a "violent felony" as: "any crime punishable by imprisonment for a term exceeding one year ... that ... involves use of explosives"). Courts have found possession of a'bomb to be a crime of violence based on the lack of a nonviolent purpose for a bomb and the fact that, by its very nature, there is a substantial risk that the bomb would be used against the person or property of another. See United States v. Newman, 125 F.3d 863 (10th Cir.1997) (unpublished) (<HOLDING>); United States v. Dodge, 846 F.Supp. 181,, Holding statements: (A) holding that possession of a pipe bomb is a crime of violence for purposes of 18 usc 3142f1 (B) holding that bank robbery by force and violence or intimidation under 18 usc 2113a is a crime of violence (C) holding that sexual assault of a child qualified as crime of violence under 18 usc 16 (D) holding for the purposes of 18 usc 924e that being a felon in possession of a firearm is not a violent felony as defined in 18 usc 924e2b (E) holding that a court must only look to the statutory definition not the underlying circumstances of the crime to determine whether a given offense is by its nature a crime of violence for purposes of 18 usc 16
A: (A)
Rationale: It's a good example. Based on the given prompt, option (A) is correct.
Q: 344 U.S. 590, 596, 73 S.Ct. 472, 97 L.Ed. 576 (1953). For instance, an LPR who left the United States briefly to undertake illegal activity abroad, such as alien smuggling, would clearly be included in the 1225(b) subclass; under 8 U.S.C. 1101(a)(13)(C)(iii), he would be treated as an alien seeking admission on account of having "engaged in illegal activity after having departed the United States." See United States v. Tsai, 282 F.3d 690, 696 & n. 5 (9th Cir.2002). But in Landon v. Plasencia, 459 U.S. 21, 103 S.Ct. 321, 74 L.Ed.2d 21 (1982), the Supreme Court specifically held that an LPR arrested for alien smuggling upon return from a brief trip abroad is entitled to due process protection, specifically because Mezei is inapplicable in such a scenario. See id. at 34, 103 S.Ct. 321 (<HOLDING>). As such, it is clear that the 1225(b)
Holding statements: (A) holding that plaintiff state employees contract right to be discharged only for cause was not protected by due process clause because it did not rise to level of fundamental right (B) holding that the defendant failed to preserve a due process objection to a sentencing policy because sjimply saying that something is unfair does not suggest that it violates due process (C) holding that there is no due process right to appellate review (D) holding that adjustment of status was permitted even if deportable alien had entered the country as a lawful permanent resident (E) holding that mezei did not suggest that no returning resident alien has a right to due process and that it does not govern this case for plasencia was absent from the country only a few days
A:
(E)