"instead of" and "rather than"!---Judge

Judge Bonham denied a motion to allow members [(of the jury) (to go home) (at the end) (of each day)] instead of to confine them to a hotel.

Each of the bolded phrases in parenthesis is a prepositional phrase, meaning that we can ignore it temporarily to see what the sentence is really made up of.

and we get:

Judge Bonham denied a motion to allow members... instead of to confine them to a hotel

Notice the parallelism~ Now the rule for instead of vs. rather than is this: Use Rather than to show preference and use instead of when replacing something with something else. Since sometimes this isn't always that clear cut, I learned from gmatprepnow that rather than is the preferred choice on the GMAT.

Choices A,B, and C all use instead of, so eliminate them.

Choice D incorrectly uses confinement in

Choice E is right and I think [to allow] is parallel to [(to) be] since they're both infinitives. But an expert might want to co-sign me on this since i'm, well... not an expert.

Judge Bonham denied a motion to allow members of the jury to go home at the end of each day rather than be confined to a hotel.

What is the role of "BE" in the sentence.

Plz give some examples.

Regards

Ratnakar Chitturi.