MLCommons/peoples_speech_v1.0 huggingface dataset:
threshold problem you have is to persuade us that there is indeed a final order of deportation such that we have jurisdiction to entertain your your claim the problem is of the order recent legislation including the real id act is that congress has taken away more and more jurisdiction in this court to deal with petitions for review from the  and i'm just wondering if this isn't the situation in which notwithstanding what you've described in terms of the proceedings of the kurds we don't have what we need to have jurisdiction and that is a final order of deportation permanent provisions of the u s c twelve fifty two and that's a big bout well with a lot of the evidence of them actually goes to jurisdiction and right or not you have to wait until there is an order of removal there's there's no provision in the current law to apply for suspension of deportation so i mean i don't i feel a little odd putting myself in this position but i i think if we went back to the court in removal proceedings are both at the level of the i j a and the board we would be told were we do not have jurisdiction to consider a suspension of application quite so that's why we feel that this matter can only be reviewed at this time and your argument any remedy any review on the question of suspension of people occasion counsel suggested that if they didn't get the help here they would have no recourse is that correct i believe that's correct your honor but the reason that i believe that benefit that benefit doesn't come with that forfeit and the forfeit is additional has foregone the option of of of the staying in this country under the more lenient suspension of deportation and relief down the road under the higher more stringent standard under cancellation of them will now grant that is a higher standard but there's absolutely nothing in the case about that that requires the government to preserve for petitioners beotch the lower option d be applied retroactively which would be the case if we applied it here i'm afraid i don't understand a question on it terms of applying the jurisdictional treatment ye exercise jurisdiction and say that the words order in this case is the final order of removal i believe we haven't made an issue of it in our brief because we believe that the lack of a final orders dispositive but if the court disagrees and there is a final order again there is a second jurisdiction error and that and it we issued a decision in october i believe in two thousand and four and in the october two thousand and four decision they say we vacate our previous decision because it was an error and we issue it as of the state october two thousand and four that decision for government here complied with the fifth and the due process obligation allowing petitioner or getting petition had the opportunity to go ahead and obtain tassel of his own choice at his own expense and there's no there's no question of that submitted for decision
there he says you can't go in and they get the permission of the guy who's actually the must see every unit that's not even contiguous and your client if they're fine informal arrangement why does he seventeen in particular on monday well supposedly mr murphy is saying at least that some period of time in and you know fourteen stories just personal belongings there and seventeen it's completely separate you have to go through a
to inquire about departures my client stated that he was apprehended in the ninety's clarifies ninety five according to the translation the judge says did you accept voluntary departure and he responds i was deported there was never any journalist position that that is not an issue until we say it's an issue clearly everybody knew in this case the measures the sixty days in a board gave thirty days i know the difference between sixty and thirty do we have to have a case before the issues waive that is the the penalty is already there the problem is there the individual was going to only get thirty days instead of sixty days doesn't that's when the waiver from stars rather than waiting for us to tell you which which is obvious to everybody who looks at the record came out but the issue was there clearly the issue was there the defense he had to know that he had been decreased from sixty to thirty he had the complaint in front of them he could make the issue he could raise the issue at that time and did not i think what the attorney general is arguing here is that there's no waiver issue until we tell you what is obvious that is when the i j a goes for sixty and the board goes for thirty you've got a right to but you didn't need a case for us to tell you you have a right to complaint that the petitioner here was harmed at the time the board made its decision and said thirty instead of sixty it seems to me that at that time the petitioner as a responsibility to do something about it now wait until we say there's a problem and i don't quite understand your trade you know argument of waiver on this issue it isn't necessarily when we say there's a direction we don't have the best microphone system here yet but it strikes me that there's the person knows there's a problem somebody took three days away from them they have a right to raise a claim no one  no court so they couldn't there's no decision to so they couldn't and u s attorney general is saying until the case comes up it isn't really seems to me as a matter of principle if the attorney general takes this position we could have cases  there twenty years all because no case told them no case was made yet so therefore even though a claim is obvious to a person that they want to make it they'll get the twenty years i'm not sure that we want to get into that difficulty and that's why i that's why i want to know a little bit more about the attorney general's position you pick up one and stick you with the other end of the stick if the attorney general wants to have that one if the attorney general wants to open up that for the future will give the consideration  mantra departure and was not willing to stand any kind of removal proceedings when he was apprehended in phoenix arizona so we do believe that the bar floors does support every man in this case so that at a minimum that would be a determination of whether or not there
gap and now so to help provide the community with the resources of building that relationship with the banks and the credit unions all be alone versus just doing buy here pay here we also provide that service as well for those that we can help out and get a lower interest rate and a lower monthly payment and help them build their credit at the same time that was our main main focus has always been our one our main focus  able to go and make that dream happen for him and they could see that they're not as bad a shape as they thought they were they just needed somebody to point in the right direction to show up when there is a beings behind it we just got  like the lady afterwards or she got the car she just knew that there was no way she was going to be able to get it and afterwards i went over and told her congratulations were part of our were in a parking lot here for had it all set up and everything and i was showing her how to use the  was because if so this is what she wanted it made me so happy to be able to do that for her what was like that is what really makes it all worth it and it was amazing i thank god for walter i thank god for his dealership you know they made a dream a possibility and here i am now went on to say you know so and that happens more often than not you'd be surprised how many times it actually happens where we help people that thought that there was no way in the world that they're going to be able to get into that vehicle and with the proper paperwork and everything we were able to make it make it happen for them it truly is a great feeling being especially right here in a neighborhood where i grew up bad i went to booker high school i went to booker pre k all the way through graduating when it was all booker at one location we had the high school the middle school and elementary school all in one place and to see the community grow and to see to ride by and see that i'm a part of that you know and provide a service for the community you know it's a good fit and inside there's so many behind one hundred percent and it's something i hold proudly and i make sure to share it with my kids and at the same time make sure that they get involved with their community too well so are important thing for me that i feel community involvement as is a key factor in the success of my business as well legislative priorities in addition federal or state legislators up resentment to the city commission separate up they still passed legislative sessions and issues and to be considered food so you're not walking out with him is he based food we don't do that i don't do that and i must say ours jerk season from jamaica or whatever
do this thing he thought it was the right thank you do is try to bring her over here with intended to have her marry him and start a life together it's over it just didn't work out that way and although he was a little frustrated
neuron was talking about a choice of law issue not an arbitration issue and was making a specific statement in connection with making a choice to laud determination and i don't that we should just simply not follow garcia because garcia is just wrongly decided by the california court of appeal or is it your view that even if we followed garcia you still have a shot that's the court in garcia also said with regard to another issue that garcia cannot avoid his obligation to arbitrate by artful framing as merely statutory and you could say the same thing about artful framing by deciding differently if we were california judges i mean the california courts get to decide california law not the ninety circuit and in garcia the petition for review was denied and i don't see another board of appeal case which is directly contrary to garcia so if we adopted your view that we were going to ignore garcia then there would be the kind of worm shopping in arbitration that were i think it explicitly part of the reason for your e in the st place wouldn't people be deciding federal or state forums based on whether they liked garcia or didn't know you are because garcia stance and is directly contrary  statutory claims it claims do not arise out of the contract involve the interpretation of any contract terms or otherwise require there to be a contract so why isn't your friend correct that this is a binding statement on us of california law and if if that's a true statement it would it equally apply here and thus equitable a stop o couldn't be applicable any are there any teases that have allowed a non signatory to compel arbitration with regard to a california statutory claim that you're aware of other than ringback virtually identical to the issue this story addressed in murphy where the defendant standing well you're seeking damages that relates to the price that you pay and the price term is outlined in the agreements therefore you have to look this case i could look at pay stubs and at that point there's no way you can reference to the agreement of turning very quickly to most of opposing all those arguments before asked for instance for it or ask questions directed towards the equitable
th the post i was making regarding the judge just a speculator of his decision to just start why didn't you why didn't you quit your job instead of being persecuted by the work unit which is a hospital i work in th clear that he is seeking the revenue benefit here rather than having some direct right is that right yes your honor i paid seventeen and i think it was the final served on october in october two thousand and three medical friends that were professionals that is then was fine she allegedly found herself pregnant three three separate times after she had her first child and had gone every time to the that you've already gone through several abortions how painful she indicated they were and that it could have been just leave you to by taking these pill posit because she's a nurse she would have that information do we know anything about her training that's from well she was indicating that she was a pediatric nurse but you are i have to believe that she would have known that information mean by her own statements she indicated that she knew the problem employees considered him a problem employee but working in it and then in one thousand nine hundred five when they were working in incentives for her to be sterilized she
climbed the hill to the young to reasonable doubt if all you have is the testimony of the police officer seeing that the man was driving and holding up a cell phone and i think he was taking
conviction was vacated because under federal law we look at what the original conviction was for we don't countenance the modification by the state court yes you can change the to not guilty yes you can dismiss the charge but no i don't want to dismiss the three hundred day imprisonment and the judge said ok i'll do just that right so it wasn't a mistake it was the grant of a portion of the twelve o three point four and a denial of a portion of a three point twelve or three point four motion white how can you be more effective if you didn't read it if you were a little slower in your delivery but only if you want to have us listen to what you have to say yes your honor i would prefer that all right well ability provision does not apply to hands who have only one crime if the crime needs two requirements the first is that the maximum penalty is not more than one year and the board found that that was true in this case because it's a  true but argues that sent the fact that the conviction was vacated means that the sentence was expunged however the petitioner separately requested that the sentence be reduced from three hundred days to one hundred eighty i don't think it was really breached and this case the petitioner conceding it is an important point to take a moment take a look at your papers and see if you can find that you got six minutes yes valid even though it was expunged pursuant to state law now to find that the conviction is still valid but the sentence that was attached to the conviction is no longer valid doesn't make any sense of twenty days the plain language of the statute requires that the period of incarceration or confinement ordered by a court of law without regard to whether it be two to whether that but it's not an exoneration on the merits and that's what we're interested in for the purpose of the federal law because it's it's a specific state it's a specific state law and the state law doesn't necessarily  think my brother and suggestions a good one perhaps we should give both parties ten days in which to cite some authority for the position the government has taken in this case through you fergus you have some reserve time you will waive oh thank you counsel the case just argued will be submitted subject to leaving  submission deferred for ten days within which both parties may advise the court of the authorities upon which they realize with respect to that point court will
she they had been doing this for some time and had washed checks together none of that is corroborated by any eyewitness testimony any criminal history on his patient's heart any being or prints on the mail or on the school statements which there are other ones in this record it was the point which really provided some scaffolding for a story which otherwise doesn't have any independent evidence to support it and then i mean can i ask you about that counsel that i take it mr kim's point is maybe he wasn't believable so i'm trying to figure out whether or not besides what he said there was independent evidence that what he said was it was true  honor and there was and i apologize if i misunderstood the point i was trying to make about the multiple collection boxes that there was independent evidence from him that there was fishing from three different collection boxes in the same  become a fishing tool to get it and that they did it from three different collection boxes and she was waiting in her car right across the narrow you know side street from the rd question box that even stealing from with the lights on ready importance of that statement to show that it kind of showed them in some sort of joint enterprise that wasn't that might be true if it's across britain with that they'd decided that before they ever went out that night but that's not what the testimony was it was after we knew we were getting caught we made a statement and i think that kind of the same argument again but it's the same argument that defense counsel made for the other statements which was but you know when she knew she was going to get in trouble she just thinks made up you know a story didn't mean she was guilty ahead of time it was just a reaction into getting caught in that moment so i don't think that there's any you know special corroborative value statement that shows they were in a prearranged plan together it was just another simple  yes your honor that's correct the government agrees that a limited remained of the sentence for the district court to address those two particular items ok i don't want to take you over or so but i want i want to make sure that there was no dispute on that issue there is not your honor harmful or is sort of i think the crux of their harmless error argument as a boat as opposed to consciousness of guilt which was reported in many of the statements that were admitted by at trial so it must the court has any further questions about harmless
because of the right sort was an issue of i couldn't see because it was on the other side of the power but thank you for independent contractors coming on the property who are there to remedy something and they're injured by the very item they were there to regulate and that's what they call it inherent risk in the work to be performed and in those cases where the here it's a very different case because they were seeking a jury instruction to say well we're not responsible for the injuries to this employee as he was walking through a trench now the trench was not part of the scope  or us employer in the callahan matter it was outside of that scope of work so the judge felt it correctly said i'm not going to instruct the jury on that in the appeals court even said it would have been wrong to obstruct the jury of that in this case but in this matter it's but at the end of the day they're going to have an issue with fluids on the floor that could create a slip pass and so they contract with g m probe to clean that so regardless of whether we create a condition through our own negligence in violation of our cleaned the oil also wants respect of this clean base there it was never presented at the district court summary judgment hearing is not part of the material facts that we stipulated to it was raised now in the first time for appeal  see this very differently and i found it to be an interesting case to breath air and sure it'll be an interesting decision to read thank you thank you thank you both
prejudice the party i'm defending to suit on the merits based on my notice was discovered i did that in front of judge johnson even before the sweat of decision came down because poachers analyze that crap skee u s supreme court decision in their decision to spout it in this case
and gentlemen will take the cases in the order in which they appear on the calendar the first case for oral argument  your honor the case we have here before saturday feels with the failure of the ministry of officer to properly examine evidence and render a correct decision as to whether manufacture of false evidence that's been placed into the record and a mistaken ruling on the manner her manner and three we think that this case speaks loudly not only remind the court it's we're not dealing with a very sophisticated individual well i don't think a lot of takes that into account how hard it is getting is what would given those facts that are not with the argument that it matters that she thought she had a right to come back your honor i don't have a case on point on that issue what i do want to bring to the force is that the good enough but i would be happy to have you tell us that there's a legal way to get to your conclusion well i don't have i don't have authority on th yes her mother and her daughter about the us it is at this point perhaps through the use of a through twelve a waiver which would have to be applied for overseas the issues that came up in terms of whether the reinstatement hearing was a fair proceeding and personally he it was a hearing conducted by surprise no one was prepared to defend claim of reinstatement and the question is is that coming in legally when you've been deported and you need to continue the attorney general if it is if it's not she loses but there's no nothing we could have been brought man you're allowed to be added that doesn't necessarily mean that the attorney general is without authority to say well this is a case in which justice i know that may have been a word family used  not say that somebody who self comported came back without any idea that he was doing anything that caused any legal problem and the attorney general thought this was really a pretty good fellow
the moments later chinese communist prisoners are being marched to the rear told to fall into united nations hands spacetime not as a prime military target but as a result of the clean united nations we  liberation of their city working conditions around the world chile santa cruz echoes on president as early difficulties with communist delegates but the council is seeking world agreement on basic human problems and the smallest step toward agreement down just progress as america looks to its defenses new york city's civil defense program gets underway but until there's recruited for the medical emergency division assembled to take the oath of loyalty from secretary of defense george marshall these first seven hundred civil defen federal training will work with new york's police and fire departments and will be ready for any emergency secretary marshall says that new york will serve as a model for other cities in developing the nation's volunteer defense program congress first as a congressman then a senator now vice president of the united states and president of the senate calvin w barkley of kentucky has been in congress longer than any other man the sun won the race by seventy two minutes and continued on its course but the camera nevertheless set a new atlantic record of four hours altering or cutting them her finished pictures known technically as collage are unique and original the first exhibit of her late paintings held in rome shows the flexibility and range of her work this dancing couple  composed entirely of leaves in their natural the three wise men military institute of which the general was the oldest graduate together with relatives friends and neighbors a final tribute to the gallon soldier who ran away from school at the age of thirteen to join the confederate ca american revolution the story of lexington and concord begins in boston capital city of new england from boston on the night of april eighteenth seventeen seventy five seven hundred british soldiers crossed the charles river and marched inland to seize the arms had not conquered by the provincial council at lexington green patriots block their line of march after a skirmish the british went on to conquered and amazingly to defeat will to be free he had struck out all freedom