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.

Ex Input:
five years. The issue is thus whether the time Hartman served in prison after the IJ's improper decision should count toward the five-year bar. The Court holds that it should not count and thus, contrary to the BIA's ruling in March 2002, the application for 212(c) relief was not untimely when the IJ addressed the merits of that application on January 25, 2001. 1. The Statutory Five-Year Bar At the outset, the Court addresses Hartman's argument that the five-year clock stops upon filing an application for 212(c) relief, which, in this case, would be January 1997. The Court disagrees with that argument. The five-year clock of 212(c) does not stop when an alien, such as Hartman, files an application for a discretionary waiver. See Gomes v. Ashcroft, 311 F.3d 43, 45 (1st Cir.2002) (<HOLDING>); Falconi v. INS, 240 F.Supp.2d 215, 218
Holding statements: (A) holding that a lawful permanent resident alien is entitled to seek relief under ina 212c (B) holding that the date of death is relevant date of inquiry for the applicability of section 541a5a (C) holding that the relevant date is not when petitioner filed for 212c relief (D) holding that we have jurisdiction to review an aliens legal eligibility for relief under former ina 212c (E) holding that iiriras repeal of ina 212c was not impermissibly retroactive because unlike st cyr the petitioner chose to proceed to trial instead of agreeing to a plea and therefore did not detrimentally rely on the availability of 212c relief

Ex Output:
(C)

Ex Input:
do not apply in ... [piroceedings relating to probation." - Ind. Evidence Rule 101(c)(@2). A probation revocation hearing is not to be equated with an adversarial criminal proceeding. Cox v. State 706 N.E.2d 547, 550 (Ind.1999) (citing Isaac v. State, 605 N.E2d 144, 149 (Ind.1992)). Rather, a revocation hearing is a narrow inquiry, and its procedures are more flexible than those of a criminal proceeding. Id. In revocation hearings, judges may consider any relevant evidence bearing some substantial indicia of reliability, including expert testimony and scientific evidence. Carter v. State, 706 N.E.2d 552, 554 (Ind.1999) (noting that it is beyond doubt that urinalysis has achieved a sufficient level of scientific reliability to be accepted into evidence); see also Cox, 706 N.E.2d at 550 (<HOLDING>); of - Pitman v. State, 749 N.E.2d 557, 559
Holding statements: (A) holding hearsay admissible in revocation hearings (B) holding that certified charging informations and police reports are deemed admissible in revocation hearings (C) holding that it is clear that hearsay evidence is admissible in a hearing on a motion to suppress (D) holding that neither rule 11 nor the protections of boykin apply to probation revocation hearings and observing that less process is due in prison disciplinary proceedings than in probation revocation hearings (E) holding that because the rules of evidence including the rule against hearsay do not apply to sentencing hearings the district court did not err in relying on hearsay in ordering restitution

Ex Output:
(A)

Ex Input:
(2005). On September 13, 2006, the District Court held a resentencing hearing and imposed the same sentence as before. Section 1326(b)(2) increases the authorized prison sentence from a maximum of two years to a maximum of twenty years if the person's deportation followed conviction for an aggravated felony. JimenezCohenete argues that, because his prior felony convictions increased the statutory maximum penalty for his reentry offense, those offenses should have been charged in the indictment and proven to a jury beyond a reasonable doubt. He contends that the Government's failure to do so violated the Fifth and Sixth Amendments. Put another way, Jimenez-Cohenete challenges the vitality of Almendarez-Torres v. United States, 523 U.S. 224, 226, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998) (<HOLDING>), in light of subsequent Supreme Court
Holding statements: (A) holding that facts regarding prior convictions need not be charged in an indictment nor proven to a jury beyond a reasonable doubt (B) holding that factors increasing a defendants sentence beyond the statutory maximum of the crime charged with the exception of prior convictions must be proven beyond a reasonable doubt (C) holding that prior convictions relevant only to the sentencing of an offender found guilty of the charged crime do not need to be charged in an indictment or proven to a jury beyond a reasonable doubt (D) holding that any fact other than a prior conviction that increases the maximum penalty for a crime must be charged in an indictment submitted to a jury and proven beyond a reasonable doubt (E) holding that any fact that increases the maximum penalty for a crime must be charged in an indictment submitted to a jury and proven beyond reasonable doubt

Ex Output:
(A)