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:
not contest Alaimalo’s actual innocence. B. Prior Opportunities to Raise Actual Innocence Claim We turn to the question of whether Alaimalo’s actual innocence claim was unavailable to him during his direct appeal and his first § 2255 motion. In making this determination, we consider “(1) whether the legal basis for petitioner’s claim did not arise until after he had exhausted his direct appeal and first § 2255 motion; and (2) whether the law changed in any way relevant to petitioner’s claim after that first § 2255 motion.” Harrison, 519 F.3d at 960 (internal quotation marks omitted). An intervening court decision must “effect a material change in the applicable law” to establish unavailability. Harrison, 519 F.3d at 960. See also In re Davenport, 147 F.3d 605, 607, 610 (7th Cir.1998) (<HOLDING>); Triestman v. United States, 124 F.3d 361 (2d 
 Holding statements: (A) holding that the supreme courts decision in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 effected a material change in the law because the circuit previously held that accessability of a firearm was enough to support an inference that a firearm was used in a drug crime whereas bailey required active employment of the firearm (B) holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used (C) holding that the supreme courts interpretation of 18 usc  924c1 in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 has retroactive application to cases on collateral review (D) holding that the rule announced in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 applies retroactively on collateral review (E) holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense
answer:
holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used


question:
transfer, and everything else about the transaction was local to St. Thomas, to wit: Franklin Martinez, the lender and president of Transcaribbean, is a St. Thomas resident and has substantial business interests in the Virgin Islands. Those interests include that Martinez is an officer and part-owner of Colombian Emeralds, Inc. and its subsidiaries, and a part-owner of Sea Wind Food Distributors, Inc., Clark asserts that federal jurisdiction is inappo-site because the transaction occurred between Martinez and Peter Clark — both local businessmen — and involved a loan to fund a local real-estate development. This argument fails because the Court may assume jurisdiction on the basis of a single interstate wire communication. See United States v. Pecora, 693 F.2d 421, 424 (5th Cir.1982) (<HOLDING>). Moreover, facts alleged by Clark about the 
 Holding statements: (A) holding that single substantial act can support exercise of personal jurisdiction (B) holding that the jurys guilty verdict on the separate substantive count of bribery under federal law confirms beyond any reasonable doubt that the jury would have convicted the defendant of honest services fraud if the courts definition had been limited to the bribery basis that skilling expressly approved (C) holding in action involving single claim that if claim sounded only in admiralty there would be no right to a jury trial but if federal question was present as a separate and independent basis for federal jurisdiction then the jury demand must be honored (D) holding that a federal court can assume jurisdiction over a local bribery ease involving only local residents on the basis of a single interstate telephone call (E) holding the federal tort claims act did not permit exercise of pendant jurisdiction over additional parties as to which no basis for federal jurisdiction existed
answer:
holding that single substantial act can support exercise of personal jurisdiction


question:
jurisdiction before the November 7, 2007 hearing. The Agreed Order indicated that each party agreed to the terms of the order “to the extent permitted by law” and that the trial court "finds that it has jurisdiction of this case and of all the parties.” 4 . The Agreed Order dismissed S.L.'s petition with prejudice. 5 .Subsequent temporary orders entered by the trial court stated that J.W.L. "filed an answer and although duly and properly notified, did not physically appear at the hearing and wholly made default.” Nothing in the record before this court suggests that at the time of the hearing J.W.L. had filed any "answer” to Grandparents’ pleadings other than . See Troxel, 530 U.S. at 72-73, 120 S.Ct. at 2063-64. 13 . See Lewelling v. Lewelling, 796 S.W.2d 164, 168 n. 8 (Tex.1990) (<HOLDING>). 14 . M.S., 115 S.W.3d at 549 (emphasis 
 Holding statements: (A) holding that a respondent in a termination of parental rights proceeding may not file a counterclaim (B) recognizing this substantial interest in context of termination of parental rights (C) holding that although samesex partner may have been able to prove her status as a de facto parent such status was not sufficient to establish parental rights to custody and visitation over the objection of the biological mother (D) recognizing that while proceeding is not technically termination of parental rights action it may have such effect where mother without adequate transportation lives some distance from son and existence of visitation rights likely will be insufficient to allow her to have a substantial role in her childs upbringing (E) holding that termination of fathers parental rights should be reversed since it was done to facilitate childs adoption and would prejudice rights of child and mother to receive support from father
answer:

holding that a respondent in a termination of parental rights proceeding may not file a counterclaim