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.

Q: efforts to persuade an Immigration Judge to exercise her discretion to grant him a deportation waiver the removal of that discretion would constitute a violation of the Ex Post Facto Clause. Furthermore, given that parole eligibility is "considered an integral part of any sentence," Shepard, 556 F.2d at 654; see also Warden, 417 U.S. at 658, 94 S.Ct. at 2535-36, I think that the availability and likelihood of a deportation waiver should also be so considered. In explaining the basis for its con- elusion that parole eligibility or gain time should be considered part of 86, 68 L.Ed. 549 (1924) ("It is well settled that deportation, while it may be burdensome and severe for the alien, is not a punishment."); Bugajewitz v. Adams, 228 U.S. 585, 591, 33 S.Ct. 607, 608, 57 L.Ed. 978 (1913) (<HOLDING>) (citing Fong Yue Ting v. United States, 149
Holding statements: (A) holding that the amount of sanctions is appropriate only when it is the minimum that will serve to adequately deter the undesirable behavior (B) holding that the determination that an alien is an undesirable person is not a conviction of crime nor is the deportation a punishment it is simply a refusal by the government to harbor persons whom it does not want (C) holding that it is not (D) holding that for sentencing purposes the government does not need to allege a defendants prior conviction or prove the fact of a prior conviction where that fact is not an element of the present crime (E) holding that habeas review is for any alien held in custody pursuant to an order of deportation

A: (B)
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Q: a habeas petition, and since his administrative remedies are now exhausted, this claim can proceed. B. Fox's Notification Challenge is Properly Before The Court The second half of Fox's claim relating to the notification requirement of the statute, see 18 U.S.C. 4042(c)(2), is properly brought by him as a petition for a declaratory judgment. Notification claims do not relate to the fact or duration of confinement, therefore challenge to a notification requirement is not properly brought as a habeas petition. See Bunn v. Conley, 309 F.3d 1002, 1008-09 (7th Cir. 2002) ("The notification scheme [under 18 U.S.C 4042(b) governing violent offender notification] in no way affects the duration, much less the fact, of confinement."); Henrikson v. Guzik, 249 F.3d 395, 397 n. 4 (5th Cir.2001) (<HOLDING>); Royce v. Hahn, 151 F.3d 116, 118 (3d
Holding statements: (A) holding that a 2241 petitioners claim was not cognizable under 2241 and therefore the district court lacked jurisdiction (B) holding that because henrikson is not challenging the fact or duration of his confinement subject matter jurisdiction is not present under 28 us 2241 (C) holding that subject matter jurisdiction under 2241 is present in the custodial court when the petition challenges the manner location or condition of a sentences execution (D) holding that under the fsia personal jurisdiction depends upon the district court finding subject matter jurisdiction under 28 usc 1330a and proper service under 28 usc 1608 (E) holding that district courts have jurisdiction under 28 usc 2241 to review cat claims for errors of law including the erroneous application or interpretation of statutes

A: (B)
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Q: corporation had the option to acquire all of the remaining stock in Randall's company. If Randall was not employed by the company at that time, he would not make any more profit on his fair value stock options because he would no longer be a company stockholder. In addition, even if his employment continued after divorce, Randall would not make any more profit on the stock options if the sale did not occur or if his company's stock did not become publicly traded after 2004. To date, no Texas court has considered how to determine the community property value of stock options at divorce. The cases have only addressed whether stock options are community property. See Kline, 17 S.W.3d at 446; Bodin, 955 S.W.2d at 381; Demler, 836 S.W.2d at 699; see also Charriere, 7 S.W.3d at 220 n. 6 (<HOLDING>). The factors presented here cause us to
Holding statements: (A) holding that unvested stock options subject to the contingency of debtors future employment are property of the bankruptcy estate (B) holding that like pension benefits stock options are a form of deferred compensation for efforts expended during the marriage (C) holding that stock options that could be purchased but not sold without company consent during marriage were community property even though value of options was dependent upon employee spouses postdivorce employment (D) holding that unexercised stock options were not marital property (E) holding that unexercised stock options obtained during the marriage are marital property just like traded options or traded common stock

A:
(C)
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