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.

Q: it is not plainly erroneous or inconsistent with the regulation”). B. Whether the FDIC Properly Determined the Amount of Deposit Insurance to Which Plaintiffs Were Entitled under the Regulations Applicable on August 8, 2008 18. The FDIC’s deposit insurance determinations are governed the regulations set forth in 12 C.F.R. Part 330. Regulations governing recognition of deposit ownership and fiduciary relationships note that, except in circumstances not relevant here, when “determining the amount of insurance available to each depositor, the FDIC shall presume that deposited funds are actually owned in the manner indicated on the deposit account records of the insured depository institution.” 12 C.F.R. § 330.5(a)(1). See also Villafane-Neriz v. F.D.I.C., 75 F.3d 727, 731 (1st Cir.1996) (<HOLDING>). “Deposit account records” include “account 
 Holding statements: (A) holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account (B) holding that the fdic is entitled to rely exclusively on the account records of the failed institution and that while ownership under state law is one prerequisite for insurance coverage the deposit account records are controlling (C) holding that when state law prohibited discovery of records of a medical review committee the district court should have determined whether the records came within the statutes coverage and if so whether the right of access nevertheless outweighed the public policy expressed by state law (D) holding that seventeen missing records does not constitute improper record keeping because the fact that the records are not at the station does not mean that the records are incorrect or inaccurate (E) holding that records relating to a student court were not education records

A: holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account
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Q: in Bowman were appointed by the court to make educational decisions for children who were wards of the district, so that the advocates effectively acted as “parents” under the IDEA. See id. Accordingly, even though they were licensed attorneys, they could not recover fees as educational advocates because they were not acting in an attorney-client capacity. See id. Pressley distinguishes from this scenario because she was employed by the Chris Anwah Law Firm, instead of being appointed by the court as an advocate. See Adewusi Deck ¶ 1. Furthermore, Pressley’s work on this matter was similar to that performed by the billing attorneys. See PL’s Mot., Ex. B. Yet because she is not a member of the D.C. Bar, Pressley is not entitled to attorney rates. See Dickens, 724 F.Supp.2d at 120 (<HOLDING>); Agapito v. District of Columbia, 477 
 Holding statements: (A) holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees (B) holding that the magistrate judge did not abuse her discretion in considering the prevailing hourly rates in the southern district of new york when awarding attorneys fees (C) holding that lexis fees are not taxable as costs but reserving ruling on whether such fees are recoverable as attorneys fees (D) holding that attorneys not admitted to the dc bar are not entitled to reimbursement but awarding fees at paralegal rates as equitable relief (E) holding that the court lacked jurisdiction to consider the appeal because it was filed before the final order awarding attorneys fees

A: holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees
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Q: 481-82 & 489, 112 S.Ct. 812. He failed to do so. This case is distinguishable from Lopez v. Ashcroft, 366 F.3d 799 (9th Cir.2004), where there was evidence that the petitioner suffered persecution separate from efforts by guerrillas to recruit him, which led to a conclusion that the assaults were “punishment for his pro-establishment political opinions.” Id. at 804. Zarate testified that he was not a member of any political group and did not establish that the attacks on him were caused by anything other than his resistance to forced recruitment. Zarate also failed to provide compelling evidence that he would more likely than not be tortured by or with the acquiescence of the Guatemalan government if he returned to Guatemala. See Zheng v. Ashcroft, 332 F.3d 1186, 1194 (9th Cir. 2003) (<HOLDING>). PETITION DENIED. ** This disposition is not 
 Holding statements: (A) holding that cat applicant must establish that it is more likely than not that he would be tortured if removed to his native country (B) holding that the court lacked jurisdiction to consider petitioners argument that the evidence in the record clearly establishes that he is more likely than not to face torture if removed citation quotation marks and brackets omitted (C) holding that the court lacked jurisdiction to review whether alien established that he will more likely than not be tortured if  removed (D) holding that to qualify for protection under the convention against torture an alien must show that he will more likely than not be tortured in his home country if removed (E) holding that petitioner must demonstrate it is more likely than not that he will be tortured upon his return

A:
holding that cat applicant must establish that it is more likely than not that he would be tortured if removed to his native country
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