instruction:
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.
question:
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
answer:
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


question:
the notice. (Hilsee Supp. Aff. ¶ 6(b), June 8, 2005). Moreover, the notice campaign began in early December, and the deadline to file opt-outs was April 8, 2005. This timeline, spanning a period of four months, is consistent with court-approved best practices for class notice campaigns. Id. at ¶ 6(c)vi. Accordingly, I FIND that there was sufficient notice leading up to the opt-out deadline. Objectors also assert that because the settlement class could have potentially included millions of Class Members, and only 6,524 have “shown their hands” to be included in the class by filing an inventory form, the notice is inadequate. However, many factors contribute to the claims response rate. See, e.g., Zimmer Paper Prod., Inc. v. Berger & Montague, P.C., 758 F.2d 86, 92-93 (3d Cir. 1985) (<HOLDING>); 3 Alba Conte & Herbert Newberg, Newberg on 
 Holding statements: (A) holding that notice to the attorney of record constitutes notice to the petitioner (B) holding that notice apprised class members sufficiently of information that notice was intended under the rule to convey (C) holding that notice to supervisor is notice to city (D) holding that where defendant engaged in customary and court approved notice procedure the response rate was not determinative of the adequacy of the class notice (E) holding that a notice of deficiency was invalid where it was the second notice mailed for that year and the taxpayer timely petitioned the court as to the first notice
answer:
holding that notice to the attorney of record constitutes notice to the petitioner


question:
Merely pleading guilty does not entitle a defendant to an acceptance of responsibility reduction. United States v. Krasinski, 545 F.3d 546, 554 (7th Cir.2008). The Guideline’s Application Notes state that in deciding if a defendant is entitled to a reduction, factors the court may consider include whether the defendant “truthfully admitt[ed] the conduct comprising the offense(s) of conviction, and truthfully ad-mitt[ed] ... any additional relevant conduct”; voluntarily terminated or withdrew from criminal conduct; voluntarily paid restitution before an adjudication of guilt; and voluntarily assisted authorities in recovering the fruits and instrumentalities of the offense(s). U.S.S.G. § 3E1.1 cmt. n. 1(a)-(c), (e); see also United States v. Silvious, 512 F.3d 364, 370 (7th Cir.2008) (<HOLDING>); United States v. Dillard, 43 F.3d 299, 306 
 Holding statements: (A) holding that denial of reduction for acceptance of responsibility was a penalty which could not be imposed for defendants assertion of fifth amendment privilege (B) holding defendant was not entitled to acceptance of responsibility despite his plea of guilty where he attempted to suborn perjury (C) holding that defendant was not entitled to reduction for acceptance of responsibility where he failed to fully account for the proceeds of his crime and attempted to delay a longscheduled hearing based on an incredible claim of innocence (D) holding that where the defendant pleaded guilty subsequently denied his guilt and attempted to withdraw his plea and then attempted to minimize the significance of his statements at sentencing by averring that he accepted responsibility for the amount that me and the government have agreed to and offering a statement accepting responsibility  were insufficient to demonstrate acceptance of responsibility (E) holding defendant failed to meet burden for acceptance of responsibility reduction where he objected in the psi but only made arguments at sentencing without offering evidence
answer:

holding that denial of reduction for acceptance of responsibility was a penalty which could not be imposed for defendants assertion of fifth amendment privilege


