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.

of the INS were transferred to the Department of Homeland Security. Homeland Security Act of 2002, Pub.L. No. 107-296, 471(a), 116 Stat. 2135, 2205 (codified at 6 U.S.C. 291(a)). 3 . Petitioner argues that it was inappropriate to look to the treatment of his family members in determining the likelihood of petitioner being persecuted if he returns to Algeria, because his situation is not identical to theirs. This is mistaken; relatives' situations in the home country, while not conclusive, are certainly relevant. See Aguilar-Solis, 168 F.3d at 573 ("Without some explanation, the fact that close relatives continue to live peacefully in the alien's homeland undercuts the alien's claim that persecution awaits his return"); In re A-E, 21 I. & N. Dec. 1157, 1160 (BIA 1998) (en banc) (<HOLDING>). 4 . Petitioner also argues that the BIA
Holding statements: (A) holding that the reasonableness of an aliens fear of persecution is reduced when his family remains in his native country unharmed for a long period of time after his departure (B) holding that the state could not under any circumstances be charged for the delay during the period the defendant was held after his arrest for and until his conviction on felony charges in another jurisdiction (C) holding that an applicant may establish eligibility for asylum based exclusively on activities undertaken after his arrival in the united states so long as he demonstrates that authorities in his country are aware of his activities or likely to become aware of his activities (D) holding that a witness may testify about his subjective interpretation of a conversation in which he is participating as long as his opinion is rationally based on his perception and is helpful either to an understanding of his testimony or to the determination of a fact in issue (E) holding the respondent implicitly exercised his right to withdraw his voluntary departure request and instead elected to remain to pursue his motion
holding that the state could not under any circumstances be charged for the delay during the period the defendant was held after his arrest for and until his conviction on felony charges in another jurisdiction

effect of an admission by a defendant against a codefendant. {10} Although Rule 1-036 does not address whether a defendant's deemed admissions can be used against a codefendant, this Court has held that such admissions may not be used against a codefendant. See Wilson v. Galt, 100 N.M. 227, 236, 668 P.2d 1104, 1113 (Ct.App.1983) (stating that Rule 1-036 admissions apply to and bind the party making the admissions, not codefendants). Moreover, other courts that have addressed this issue have likewise concluded that the admissions of a defendant cannot be used against a codefendant. See, e.g., Becerra v. Asher, 105 F.3d 1042, 1048 (5th Cir.1997) ("Deemed admissions by a party opponent cannot be used against a co-party."); United States v. Wheeler, 161 F.Supp. 193, 198 (W.D.Ark.1958) (<HOLDING>); Darnall v. Petersen, 8 Neb.App. 185, 592
Holding statements: (A) holding that a plaintiff has exhausted his administrative remedies when his claim is deemed denied because of failure of administrator to respond in a timely manner (B) holding that failure to file timely responses to a request for admissions renders them admitted (C) holding that plaintiffs failure to respond to argument warranted dismissal with prejudice (D) holding that facts deemed admitted as to one defendant because of his failure to respond to the plaintiffs request for admissions are not binding on a codefendant (E) holding that requests for admissions seeking purely legal conclusions are inappropriate and the failure to respond to such a request may not be the basis for a summaiy judgment
holding that a plaintiff has exhausted his administrative remedies when his claim is deemed denied because of failure of administrator to respond in a timely manner

the relevant unit for evaluating the infringement or fair use of musical works. See Berkman Center Br. at 38 (document # 177-3). The Supreme Court took exactly this view in Campbell, when it measured the substantiality of 2 Live Crew's parody against Orbison's "Oh, Pretty Woman," rather than the album on which that song appeared. See 510 U.S. 569, 114 S.Ct. 1164; see also BMG Music v. Gonzalez, 430 F.3d 888, 890 (7th Cir.2005) (considering fair use of individually downloaded songs); Szabo v. Errisson, 68 F.3d 940, 942-43 (5th Cir.1995) (finding each song on a registered album an individual copyrightable work). Likewise, the copying of even extremely small portions of protected works may not be fair use. See, e.g., Fred Fisher, Inc. v. Dillingham, 298 F. 145 (S.D.N.Y.1924) (L.Hand, J.) (<HOLDING>). That is especially so where the portion
Holding statements: (A) recognizing that copyright offices interpretation of copyright act should ordinarily receive deference (B) recognizing that the trial court enjoys wide discretion in setting the amount of damages for each work infringed under section 504c of the copyright act (C) holding that eightnote ostinato infringed copyright in song (D) holding that licensees use of photograph after license expired infringed licensors copyright (E) holding that the copyright act distinguishes between employees and independent contractors for copyright possession
recognizing that copyright offices interpretation of copyright act should ordinarily receive deference