With no explanation, chose the best option from "A", "B", "C" or "D". is, “ordering that a State release the prisoner or else correct the constitutional error through a new hearing”); Herrera v. Collins, 506 U.S. 390, 403, 113 S.Ct. 853, 122 L.Ed.2d 203 (1993) (“The typical relief granted in federal habeas corpus is a conditional order of release unless the State elects to retry the successful habeas petitioner, or in a capital case a similar conditional order vacating the death sentence.”); Hilton v. Braunskill, 481 U.S. 770, 775, 107 S.Ct. 2113, 95 L.Ed.2d 724 (1987) (“[T]his Court has repeatedly stated that federal courts may delay the release of a successful habeas petitioner in order to provide the State an opportunity to correct the constitutional violation found by the court.”); In re Bonner, 151 U.S. 242, 259-60, 14 S.Ct. 323, 38 L.Ed. 149 (1894) (<HOLDING>). Such “[conditional orders are essentially

A: holding that habeas claim not included in petition and never raised by petitioner before the district court as basis for habeas relief is procedurally defaulted
B: holding that a habeas petitioner must be in custody under the conviction or sentence under attack at the time his petition is filed
C: recognizing for the first time that the habeas court had the power to retain the petitioner in conditional custody before granting relief
D: recognizing that federal habeas statutes require petitioner to be in custody when petition filed
C.