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.

Input: Consider Input: Joseph F. Nascimento and his minor daughter Kendall E. Nascimento appeal pro se the district court’s dismissal, pursuant to Fed.R.Civ.P. 12(b)(6), of their civil rights action seeking reversal of a Montana state court decision regarding the custody of Kendall Nascimento. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court’s dismissal and affirm. See H.C. v. Koppel, 203 F.3d 610, 613 (9th Cir.2000) (<HOLDING>); see also Branson v. Nott, 62 F.3d 287, 291 
 Holding statements: (A) holding that a court should abstain when an exercise of jurisdiction might lead to a parallel federal regulatory review mechanism complicating state administration (B) holding that federal district courts should abstain from interfering with pending state court proceedings (C) holding that courts should only abstain under younger if the state proceedings are coercive and not remedial and citing a number of district court opinions (D) recognizing that the longstanding public policy against federal court interference with state court proceedings generally requires federal courts to abstain from involvement in state criminal proceedings (E) holding that federal courts should apply state substantive law

Output: holding that a court should abstain when an exercise of jurisdiction might lead to a parallel federal regulatory review mechanism complicating state administration


Input: Consider Input: § 924(c) conviction is invalid after Bailey and Bousley, it argues we are prohibited from reaching the merits of his claim because Abdullah did not present his Bailey/Bousley challenge on direct appeal or in the § 2255 proceedings below. Alternatively, the government argues the claim is barred by AEDPA’s one-year limitations period. We assume for purposes of this appeal that Abdullah did not procedurally default his Bailey claim by failing to raise it on direct appeal. Notwithstanding such an assumption, we conclude the claim is barred because Abdullah failed to adequately raise the issue before the district court in this § 2255 proceeding. Generally, a habeas claim cannot be raised by a petitioner for the first time on appeal. See, e.g., Petty v. Card, 195 F.3d 399, 400 (8th Cir.1999) (<HOLDING>), cert. denied, — U.S. -, 121 S.Ct. 78, 148 
 Holding statements: (A) holding that issues not raised before the district court cannot be raised for the first time before this court (B) holding that the convention claim was procedurally defaulted (C) holding that court may address procedurally defaulted claim on the merits where it is more efficient to do so (D) 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 (E) holding that an argument not raised before the district court is procedurally defaulted

Output: holding that issues not raised before the district court cannot be raised for the first time before this court


Input: Consider Input: a plain, speedy and efficient remedy may be had in the courts of such State.” The Tax Injunction Act applies not only to actions to “enjoin, suspend, or restrain” state taxation, but also to declaratory judgment actions such as the instant case. See California v. Grace Brethren Church, 457 U.S. 393, 408, 102 S.Ct. 2498, 2507, 73 L.Ed.2d 93 (1982). Because Congress’s intent in enacting the TIA was to “prevent federal-court interference with the assessment and collection of state taxes,” district courts are without jurisdiction to issue declaratory judgments invalidating state taxes unless no “plain, speedy and efficient remedy” exists in state courts. Id. at 411, 102 S.Ct. 2498; see also 28 U.S.C. § 1341; Bank of New England Old Colony, N.A. v. Clark, 986 F.2d 600, 602 (1st Cir.1993) (<HOLDING>). Plaintiff does not claim that remedies under 
 Holding statements: (A) holding court of competent jurisdiction includes federal courts (B) holding that the tia does not abrogate states immunity under the eleventh amendment (C) 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 (D) holding that the tia negates federal jurisdiction (E) holding that just because a claim implicates a federal issue or involves construction of federal law does not necessarily give rise to a federal question and confer removal jurisdiction on a federal court


Output: holding court of competent jurisdiction includes federal courts