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.

to her or to the government, and some of which may be quite different than either thought possible. Teeter, 257 F.3d at 21; see also Sotirion v. United States, 617 F.3d 27, 38 (1st Cir. 2010). At the time of sentencing there was no "sentencing error". Petitioner made a knowing and voluntary waiver of his rights, choosing the certainty of a binding plea agreement over the uncertainty of a jury trial. He cannot accept the benefit of that agreement and then repudiate it when a change in circumstances later arises. See Teeter, 257 F.3d at 21. A retroactive determination that an advisory guideline range may have been miscalculated does not overcome petitioner's appellate waiver; See Sotirion, 617 F.3d at 38; see also United States v. Calderon-Pacheco, 564 F.3d 55, 59 (1st Cir. 2009) (<HOLDING>). In view of the circumstances, the Court
Holding statements: (A) holding that the word waiver is not required to waive a right even when a statute requires clear and unmistakable evidence of waiver (B) holding a showing of egregious facts required to vault the hurdle erected by the waiver (C) holding that the failure to provide a person with all of the information required by ors 4261001 constitutes an egregious error that justifies plain error review (D) recognizing waiver by acquiescence as a possible defense to an action for past due alimony but finding no waiver under the facts presented (E) holding that the issue of waiver requires an analysis of the specific facts in each case
holding that the word waiver is not required to waive a right even when a statute requires clear and unmistakable evidence of waiver

private property in the Fifth Amendment presupposes that it is wanted for public use, but provides that it shall not be taken for such use without compensation .... The general rule at least is that while property may be regulated to a certain extent, if regulation goes too far it .will be recognized as a taking. 260 U.S. at 415, 43 S.Ct. at 160. The seminal case regarding the constitutionality of zoning ordinances is Village of Euclid v. Ambler Realty Co., 272 U.S. 365, 47 S.Ct. 114, 71 L.Ed. 303 (1926). The Supreme Court first noted that zoning ordinances were, at that time, of recent vintage predating the case by approximately twenty-five years. 272 U.S. at 386, 47 S.Ct. at 117. See Hadacheck v. Sebastian, 239 U.S. 394, 36 S.Ct. 143, 60 L.Ed. 348 (1915). The Euclid 60 (E.D.N.Y.1992) (<HOLDING>); Kasdon v. G.W. Zierden Landscaping, Inc., 541
Holding statements: (A) holding that cases claiming that government action requires just compensation must be determined on an ad hoc basis (B) holding that whether an exchange is substantially contemporaneous must be determined on a casebycase basis (C) holding state of the law must be determined at time of challenged action (D) holding that detailed exhaustion scheme of the civil rights of institutionalized persons act cripa is inconsistent with discretion to impose on an ad hoc basis a judicially developed exhaustion rule in other cases (E) holding that to constitute an enterprise under rico the enterprises structure must provide some mechanism for controlling and directing the affairs of the group on an ongoing rather than an ad hoc basis
holding that whether an exchange is substantially contemporaneous must be determined on a casebycase basis

a clear duty to act; and (3) no other adequate remedy [is] available." Id. (quotation marks omitted). The Declaratory Judgment Act "does not, of itself, confer jurisdiction upon federal courts." Stuart Weitzman, LLC v. Microcomputer Res., Inc., 542 F.3d 859, 861-62 (11th Cir.2008). It is "an enabling Act, which confers a discretion on the courts rather than an absolute right upon the litigant." Wilton v. Seven Falls Co., 515 U.S. 277, 287, 115 S.Ct. 2137, 2143, 132 L.Ed.2d 214 (1995) (quotation marks omitted). "[T]he Act permits a party to apply to a federal court for a dec violated by the USCIS's failure to record the approval of his application "in and about 2005-2006" also does not create jurisdiction in the district court. See Estrada v. Holder, 604 F.3d 402, 407-08 (7th Cir.2010) (<HOLDING>). Finally, the Declaratory Judgment Act does
Holding statements: (A) holding that the district court lacked jurisdiction under the apa and the due process clause over an aliens procedural challenge to the recission of his permanent resident status because the issue was reviewable in his pending removal proceedings (B) holding the district court did not have jurisdiction to review denial of adjustment of status where removal proceedings are pending (C) holding that under permanent rules of hrira the court of appeals lacks jurisdiction over claims of aliens ordered deported for crimes listed in ina and holding that district courts retain habeas jurisdiction over deportation orders of criminal aliens (D) holding that a district court did not err in concluding that the defendant was not entitled to a downward departure due to his status as an alien subject to removal (E) holding that a district court lacks subject matter jurisdiction under the apa to review the denial of an aliens application for adjustment of status where the alien is in removal proceedings
holding the district court did not have jurisdiction to review denial of adjustment of status where removal proceedings are pending