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.

Q: his claims based on injury to his eye and knees. But Mr. Sanders does not state any basis for his challenge to those decisions. Finally, Mr. Sanders claims that he has been deprived of due process and discriminated against based on his race. As already stated, we have jurisdiction to consider constitutional arguments. See 38 U.S.C. 7292(d)(2). But Mr. Sanders does not provide any facts to substantiate his arguments. Nor do we see any basis for his arguments in the record. In the absence of any evidentiary support, Mr. Sanders's passing remarks amount to no more than a constitutional label for his otherwise factual disagreement "with the decisions of the Veterans Court and the Board. That does not suffice to create jurisdiction. See Helfer v. West, 174 F.3d 1332, 1335 (Fed.Cir.1999) (<HOLDING>); Livingston v. Derwinski, 959 F.2d 224, 225
Holding statements: (A) holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal (B) holding that rcw 1040200 does not create a constitutional right to be advised of immigration consequences therefore failure to comply with statute does not create constitutional harm (C) holding that a board decision is required to vest the court of veterans appeals with jurisdiction over a claimants appeal (D) holding that mere disagreement over the proper treatment does not create a constitutional claim (E) holding that a claim that is constitutional in name only does not create jurisdiction over an appeal from the veterans court

A: holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal
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Q: it was minor and that Zhang only had five years of education. The IJ reasonably found these explanations insufficient. Zhang also testified inconsistently regarding whether he was fired from his job after authorities arrested him in 2010, or simply did not return to work. Zhang argues that this inconsistency was "nonexistent" because there was more than one reason why he did not return to work. Zhang does not explain, however, why he did not state that he was terminated when he was first asked why he did not- return to work. The agency reasonably found that Zhang's failure to mention his termination until prompted by the IJ undermined his credibility, and that his explanation that he "did not listen clearly" was unpersuasive. See Majidi v. Gonzales, 430 F.3d 77, 80-81 (2d Cir.2005) (<HOLDING>). Finally, the agency reasonably found that
Holding statements: (A) holding that the court need not accept as true unwarranted factual inferences (B) holding that district court need not accept the governments recommendation of a minor role reduction (C) holding that a plaintiffs complaint need only establish a plausible entitlement to relief (D) holding that a reasonable factfinder would not be compelled to conclude that the petitioner would more likely than not be subjected to torture if removed to china based solely on the fact that she had illegally departed china without more particularized evidence (E) holding that ij need not accept plausible explanation for inconsistency unless reasonable factfinder would be compelled to do so

A: holding that the court need not accept as true unwarranted factual inferences
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Q: requires that the convict must have been sentenced to separate terms of at least one year for each of his two prior felonies. Id. However, Section 99-19-83 provides that any person convicted of a felony that has two previous felony convictions, one of those being a conviction of a violent crime, that person will be sentenced to life imprisonment without the possibility of parole or probation. Miss. Code Ann. 99-19-83 (Rev.2000) (emphasis added). 12. This issue has been examined before. The Mississippi Supreme Court determined that "[i]t [is] not necessary for the State to specify in the indictment which section of the habitual criminal statute they were proceeding under." Ellis v. State, 469 So.2d 1256, 1258 (Miss.1985) (citing Osborne v. State, 404 So.2d 545, 548 (Miss.1981)) (<HOLDING>). 13. Assuming, for the sake of the argument,
Holding statements: (A) recognizing that the two statutes are nearly identical (B) holding that in the conviction and sentencing for criminal offenses committed in the course of one criminal episode it is the intent of the legislature that there be a separate conviction and sentence for each criminal offense unless one of the offenses is a degree of the other a necessarily included lesser offense subsumed in the other or both offenses are identical (C) holding these two statutes are not criminal offenses and only affect sentencing (D) holding that claims under 1983 1985 and 1986 are barred for the further reason that these statutes create rights solely against persons and a state is not considered a person under these statutes (E) holding that when two underlying offenses are charged in an indictment for capital murder the state need only prove one of the two offenses to support the conviction

A:
recognizing that the two statutes are nearly identical
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