TASK DEFINITION: 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.
PROBLEM: nonetheless entitled to claim derivative asylum relief based on the possibility that their citizen child would be subjected to FGM. In so assuming, the majority's remand is illusory. Although the practice of FGM is considered persecution under our law, there is no threat here since a United States citizen child cannot be deported to the country of her parents' birth, and the parents cannot claim an unrecognized form of derivative relief when they themselves cannot establish entitlement to asylum. By usurping the prerogative of Congress, which alone has the power to create a new basis for cancellation of removal, the majority violates the separation of powers doctrine and creates an unnecessary conflict with the Seventh Circuit. See Oforji v. Ashcroft, 354 F.3d 609, 618 (7th Cir.2003) (<HOLDING>). Like the petitioner in Oforji, Mr. and Mrs.
Holding statements: (A) holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review (B) holding that an alien parent may not establish a derivative claim for asylum by pointing to potential hardship to the aliens united states citizen child in the event of the aliens deportation (C) holding that inconsistencies in the aliens statements must go to the heart of the asylum claim to justify an adverse credibility finding (D) holding that the failure to notify aliens counsel of an order to appear for deportation violated the aliens statutory right to counsel (E) holding that the crime of bringing aliens to the united states is complete when the initial transporter who brings the aliens to the united states ceases to transport them

SOLUTION: holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review

PROBLEM: of two dates between Ms. Jonasson and Kingsboro in 1988. In its view, the evidence was irrelevant and inflammatory. We cannot say that the district court abused its discretion in denying the motion in limine with respect to this evidence. The court believed that the evidence was relevant and ought to be before the jury because it had the task of evaluating the overall relationship of Ms. Jonasson and Kingsboro. Evidence that is relevant to the background of the case is admissible for that purpose. At the very least, it was not an abuse of discretion for the district court not to exclude this evidence in a motion in limine; the evidence was at least potentially relevant for the purpose the judge identified. See Hennessy v. Penril Datacomm Networks, Inc., 69 F.3d 1344 (7th Cir.1995) (<HOLDING>). LCFS did not object during the trial when Ms.
Holding statements: (A) holding that congress intended the courts to apply the civil rights act of 1991 to cases pending at the time of its enactment and to preact conduct still open to challenge after that time (B) holding that the damages and jury trial provisions of the 1991 act apply to conduct occurring prior to the date of enactment (C) holding that conduct prior to passage of the civil rights act of 1991 is admissible to provide context and background (D) holding that section 102 of the civil rights act of 1991 does not apply to preenactment conduct (E) holding that the 1981 amendments contained in 101 of the civil rights act of 1991 do not apply retroactively

SOLUTION: holding that congress intended the courts to apply the civil rights act of 1991 to cases pending at the time of its enactment and to preact conduct still open to challenge after that time

PROBLEM: Inc., 415 U.S. 125, 127, 94 S.Ct. 1002, 39 L.Ed.2d 209 (1974) (internal quotations and citations omitted). Indeed, the federal questions "must be disclosed upon the face of the complaint, unaided by the answer or by the petition for removal." Gully v. First Nat'l Bank, 299 U.S. 109, 113, 57 S.Ct. 96, 81 L.Ed. 70 (1936). A federal defense cannot serve as the basis for federal jurisdiction. Caterpillar Inc. v. Williams, 482 U.S. 386, 393, 107 S.Ct. 2425, 96 L.Ed.2d 318 (1987) ("Thus, it is now settled law that a case may not be removed to federal court on the basis of a federal defense.")(emphasis in original). Similarly, federal jurisdiction cannot be predicated on a counterclaim. Holmes Group v. Vornado Air Circulation Sys., Inc., 535 U.S. 826, 831, 122 S.Ct. 1889, 153 L.Ed.2d 13 (2002)(<HOLDING>) Fannie Mae's Charter The Davises final
Holding statements: (A) holding that a defendants counterclaim that is based on the breach of the same maritime insurance contract as the main claim cannot be granted a jury trial because the resolution of the defendants claim would dispose of all or part of the plaintiffs action the net result would be to resolve the case in a jury trial despite the plaintiffs 9h election (B) holding that district court did not abuse its discretion in considering merits of state law counterclaim that formed part of the same case as federal counterclaim even though court had dismissed federal counterclaim quoting 28 usc 1367a (C) holding that a challenge to part b determinations in an order involving both part a and part b must begin in district court (D) holding that under the law of the district of columbia the filing of a complaint does not toll the statute of limitations on a counterclaim (E) holding that a counterclaim which appears as part of the defendants answer not as part of the plaintiffs complaint cannot served as the basis for arising under jurisdiction

SOLUTION:
holding that a defendants counterclaim that is based on the breach of the same maritime insurance contract as the main claim cannot be granted a jury trial because the resolution of the defendants claim would dispose of all or part of the plaintiffs action the net result would be to resolve the case in a jury trial despite the plaintiffs 9h election