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.

Input: Consider Input: 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

Output: 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

Input: Consider Input: of common law fraud, it is considered a fraudulent act and is protected by 9(b)). We conclude that 9(b) applies to FCA fraud claims because not only is such a conclusion in accord with other courts and our more recent decisions, but also because its applicability is consistent with the purposes of Rule 9: (1) to inhibit claims that are filed as a pretext to uncover unknown wrongs; (2) to protect defendants from the harm that results from charges of serious wrongdoing; and (3) to give defendants notice of the complained-of conduct, enabling defendants to prepare a defense. Coronet Insurance Co. v. Seyfarth, 665 F.Supp. 661, 666 (N.D.Ill.1987). See also U.S. ex rel. Stinson, Lyons, Gerlin & Bustamante v. Blue Cross Blue Shield of Georgia, Inc., 755 F.Supp. 1055, 1058 (S.D.Ga.1990) (<HOLDING>); U.S. ex rel. Stinson, Lyons, Gerlin &
Holding statements: (A) holding a broad claim with no factual support was insufficient to satisfy rule 9b (B) holding that rule 9b applies to fca (C) holding that californias ucl claims are subject to rule 9b pleading standards (D) holding that charge of money laundering need not satisfy rule 9b (E) holding plaintiffs speculations did not satisfy rule 9b requirements

Output: holding a broad claim with no factual support was insufficient to satisfy rule 9b

Input: Consider Input: See, Trial Court Memorandum Order and Non-Jury Verdict, 6/26/01, at 6-7. The court found that because of its "true motivation," Sun did not inspect Conomos's work in good faith. See, id. The record reflects that following Conomos's cessation of work, Sun granted the incomplete segments of the job to the next highest bidder, MP Industries. Id. at 4. It shows that MP had similar difficulties in satisfying Sun's foreman, and a mediator stepped in and determined that MP's work was acceptable. Id. 20 When an obligation necessary to Conomos's enjoyment of the contract is not expressly provided but implied as a necessary implication of the contract, Sun's good faith performance is necessary to satisfy the implied obligation. Sun's lack of good faith performance, A.2d 247, 256 (1986) (<HOLDING>); Amoco Oil Co. v. Burns, 268 Pa.Super. 390,
Holding statements: (A) holding that an insurer has a duty to act with the utmost good faith towards its insured (B) holding that parties to contract have an implied obligation to put forth a good faith effort to fulfill the conditions of the contract (C) holding that res judicata properly barred claims based on an employers decision to terminate an employee because the termination was not a fresh act of discrimination rather it was the same decision not to allow the employee to return to work that the employee had challenged previously (D) holding that if a direct supervisor who had the responsibility to stop harassment knew of and failed to act against it the plaintiff has no further obligation to bring it to the employers attention (E) holding that an employers obligation to an employee to act in good faith extends only to the performance of those contractual duties it has chosen to assume
Output: holding that an insurer has a duty to act with the utmost good faith towards its insured