With no explanation, chose the best option from "A", "B", "C" or "D". and capricious agency action. The Administrative Procedure Act (“APA”) provides a right to judicial review of all “final agency action for which there is no other adequate remedy in a court.” 5 U.S.C. § 704. Although only the third claim is explicitly denominated as an APA claim in the complaint, the first three claims all involve challenges to the propriety of the BIA’s decision. All three may therefore be fairly characterized as claims for judicial review of agency action under the APA, 5 U.S.C. §§ 701-706. See Skinner v. Switzer, — U.S. —, 131 S.Ct. 1289, 1296, 179 L.Ed.2d 233 (2011) (“[lender the Federal Rules of Civil Procedure, a complaint need not pin plaintiffs claim for relief to a precise legal theory.”); McCalden v. Cal. Library Ass’n, 955 F.2d 1214, 1223 (9th Cir.1990) (<HOLDING>). Alleging that the BIA has failed to fulfill

A: holding that a plaintiff is not required to state the statutory or constitutional basis for his claim only the facts underlying it
B: holding that although the express warranty claim was not federally preempted the plaintiff had not alleged sufficient facts for the claim to survive dismissal under rule 8 where the pjlaintiff alleged no facts demonstrating that defendants made any affirmations specifically to plaintiff or her physician so as to form the basis of the bargain
C: holding fact that a constitutional claim is so novel that it is not reasonable for counsel to raise it until after the supreme court articulates that such claim is a basis for federal habeas relief constitutes cause for failure to raise that claim in accordance with applicable state procedures
D: holding that based on the facts presented by the state and the defendants stipulation to the existence of a factual basis for his plea the court properly determined a factual basis for the plea existed
A.