alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 22-1013

ANGEL JAVIER MEJIA-AGUILAR,

 Petitioner,

v.

MERRICK B. GARLAND,

 Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted: November 30, 2022 Decided: January 4, 2023

Before DIAZ and THACKER, Circuit Judges, and FLOYD, Senior Circuit Judge.

Dismissed in part, denied in part by unpublished per curiam opinion.

ON BRIEF: John E. Gallagher, Catonsville, Maryland, for Petitioner. Brian M. Boynton, 

Principal Deputy Assistant Attorney General, Song Park, Senior Litigation Counsel, 

Brandon T. Callahan, Office of Immigration Litigation, Civil Division, UNITED STATES 

DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-1013 Doc: 23 Filed: 01/04/2023 Pg: 1 of 3
2

PER CURIAM:

Angel Javier Mejia-Aguilar, a native and citizen of Honduras, petitions for review 

of an order of the Board of Immigration Appeals (Board) dismissing his appeal from the 

Immigration Judge’s (IJ) denial of his applications for asylum, withholding of removal, 

and protection under the Convention Against Torture (CAT). We dismiss in part and deny 

in part the petition for review.

Mejia-Aguilar, who has been represented by counsel throughout his removal 

proceedings, contends that the IJ failed in his duty to develop the record at the hearing

regarding a potential claim that counsel declined to pursue. In support, he cites our recent 

decision in Quintero v. Garland, 998 F.3d 612, 627-28 (4th Cir. 2021) (holding that IJs 

have a legal duty to fully develop the record in all cases that come before them and that 

such duty “becomes particularly important in cases involving uncounseled noncitizens.”). 

Mejia-Aguilar failed to raise this claim before the Board, either on its own or supported by 

Quintero, which was decided before the instant Board decision issued. We therefore 

dismiss the petition for review in part for lack of jurisdiction. 8 U.S.C. § 1252(d)(1); see

Cedillos-Cedillos v. Barr, 962 F.3d 817, 823 n.3 (4th Cir. 2020); Cabrera v. Barr, 930 F.3d 

627, 631 (4th Cir. 2019). 

Next, Mejia-Aguilar contends that the agency erred in finding that he failed to meet 

his burden of proof to qualify for protection under the CAT. Upon review, we deny the 

petition for review in part for the reasons stated by the Board. In re Mejia-Aguilar (B.I.A. 

Dec. 9, 2021). We dispense with oral argument because the facts and legal contentions are 

USCA4 Appeal: 22-1013 Doc: 23 Filed: 01/04/2023 Pg: 2 of 3
3

adequately presented in the materials before this court and argument would not aid the 

decisional process.

 DISMISSED IN PART,

 DENIED IN PART

USCA4 Appeal: 22-1013 Doc: 23 Filed: 01/04/2023 Pg: 3 of 3
# C_2010246EN.01004201.xml

| 11.9.2010 | EN | Official Journal of the European Union | C 246/42 |
| --- | --- | --- | --- |

11.9.2010

EN

Official Journal of the European Union

C 246/42

---

Action brought on 22 June 2010 — Z v Court of Justice

(Case F-48/10)

()

2010/C 246/73

Language of the case: French

Parties

Parties

Applicant: Z (Luxembourg, Luxembourg) (represented by: L. Levi and M. Vandenbussche, lawyers)

Applicant:

Defendant: Court of Justice of the European Union

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

Application for annulment of the decision to impose on the applicant a disciplinary measure in the form of a written warning and for an order that the defendant pay a sum by way of compensation for non-material damage.

Form of order sought

Form of order sought

| — | Annul the decision of the Appointing Authority of 10 July 2009 imposing a disciplinary measure on the applicant in the form of a written warning. |
| --- | --- |

—

Annul the decision of the Appointing Authority of 10 July 2009 imposing a disciplinary measure on the applicant in the form of a written warning.

| — | So far as necessary, annul the decision of 10 March 2010, received on 15 March 2010, rejecting the complaint. |
| --- | --- |

—

So far as necessary, annul the decision of 10 March 2010, received on 15 March 2010, rejecting the complaint.

| — | Order the defendant to pay a sum of EUR 50 000 by way of compensation for non-material damage. |
| --- | --- |

—

Order the defendant to pay a sum of EUR 50 000 by way of compensation for non-material damage.

| — | Order the Court of Justice of the European Union to pay the costs. |
| --- | --- |

—

Order the Court of Justice of the European Union to pay the costs.

---
C‘l—f t raffe"m ' j. Parraguirre

J. demonstrate the necessary elements of a claim for relief so that the defending party has adequate notice of the nature of the claim and relief sought"); see NRS 118A.510 (noting the requirements for a retaliatory eviction claim); NRCP 9(b) (requiring that claims for fraud must be stated with particularity); May v. Anderson, 121 Nev. 668, 672, 119 P.3d 1254, 1257 (2005) (stating that an enforceable contract requires an offer and acceptance, meeting of the minds, and consideration); PETA v. Bobby Berosini, Ltd., 111 Nev. 615, 630-31, 895 P.2d 1269, 1279 (1995) (recognizing that to sustain an invasion of privacy, claim a plaintiff must actually expect solitude or seclusion, and that expectation must be objectively reasonable); Nelson v. City of Las Vegas, 99 Nev. 548, 555, 665 P.2d 1141, 1145 (1983) (setting forth the required elements for an intentional infliction of emotional distress claim); Lied v. Clark Cnty., 94 Nev. 275, 279, 579 P.2d 171, 173-74 (1978) (requiring that a property right must be shown to have been invaded to sustain a trespass action).

We further affirm the district court's grant of attorney fees and costs to respondent, including those attorney fees awarded on the basis that appellant failed to appear at multiple hearings on appellant's own motions. Gunderson v. D.R. Horton, Inc., 130 Nev. Adv. Op. No. 9, 319 P.3d 606, 615 (2014).

It is so ORDERED.

SUPREME COURT OF 2 NEVADA

(0) 1907Acc: Hon. Michelle Leavitt, District Judge John Luckett Olson, Cannon, Gormley, Angulo & Stoberski Eighth District Court Clerk

SUPREME COURT OF 3
NEVADA
(0) 1947A ce
### §2311. Retirement in cases where higher grade or rating has been held

Any enlisted member who is retired under any provision of section 2304, 2305, 2306, or 2307 of this title shall be retired from active service with the highest grade or rating held by him while on active duty in which, as determined by the Secretary, his performance of duty was satisfactory, but not lower than his permanent grade or rating.

(Aug. 4, 1949, ch. 393, 63 Stat. 522, §362; Aug. 3, 1950, ch. 536, §21, 64 Stat. 407; Pub. L. 97–295, §2(9), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 98–557, §15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, §205(b)(8), July 1, 1986, 100 Stat. 700; renumbered §2311 and amended Pub. L. 115–282, title I, §§113(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4221, 4240.)

#### Historical and Revision Notes

Based on title 34, U.S.C., 1946 ed., §3501(e) (July 24, 1941, ch. 320, §10, 55 Stat. 605; Feb. 21, 1946, ch. 34, §8(a), 60 Stat. 28).

The requirement that the higher grade or rating be held prior to June 30, 1946, has been eliminated; this seems to be in line with the intent of Congress as expressed in section 303 of the act of June 29, 1948, ch. 708, 62 Stat. 1081. The act of July 24, 1941, 55 Stat. 605, was enacted primarily for application to Navy personnel but it is made applicable to Coast Guard personnel by its own terms (see title 34, U.S.C., 1946 ed., §350j(b)). 81st Congress, House Report No. 557.

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–282, §123(b)(2), substituted "section 2304, 2305, 2306, or 2307" for "section 353, 354, 355, or 357".

Pub. L. 115–282, §113(b), renumbered section 362 of this title as this section.

1986—Pub. L. 99–348 struck out ", with retired pay of the grade or rating with which retired" after "permanent grade or rating".

1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.

1982—Pub. L. 97–295 substituted "of this title" for "of this chapter" after "357".

1950—Act Aug. 3, 1950, struck out reference to section 356.
Microsoft Word 10.0.3416;T. ROWE PRICE SMALL-CAP VALUE FUND, INC.

The fund's investment strategy has been revised to comply with the 80% name
test.
-  About RD                  -  Key Priorities                    -  Priority Points Program Chart 
                -  Rural Development Priorities: FY 2023 
                -  Rural Development Priorities: FY 2024 
              -  History 
              -  Farm Bill 
              -  Grant Awards 
              -  Careers at Rural Development                    -  Current Job Opportunities 
              -  Rural Data Gateway 
              -  Leadership                    -  Under Secretary  
                -  Deputy Under Secretary 
                -  Chief Operating Officer 
                -  Administrators 
                -  State Directors 
              -  Agencies                    -   Rural Business-Cooperative Service                      -  Rural Business-Cooperative Service Contacts 
                -   Rural Housing Service                      -  Rural Housing Service Contacts 
                -   Rural Utilities Service                      -  Rural Utilities Service Contacts 
              -  Offices                    -  Business Center 
                -  Civil Rights                       -  Civil Rights Contacts 
                  -  Equal Employment Opportunity Branch 
                  -  Program Compliant Processing and Resolution Branch 
                  -  Program Compliance and Training Branch 
                  -  Posters 
                  -  Civil Rights Training 
                  -  Limited English Proficiency 
                  -  Civil Rights Library 
                  -  Accessibility Statement 
                -  External Affairs 
                -  Innovation Center                      -  Innovation Center Divisions 
                -  Risk Office 
                -  State Offices 
                -  Servicing Office 
              -  Initiatives                    -  Healthy Food Financing Initiative 
                -  Interagency Working Group on Cooperative Development                      -  Partners                        -  Federal 
                    -  Tribal 
                    -  State & Local 
                    -  Private Sector 
                  -  Funding Resources                        -  Grant Funding 
                    -  Equity Capital 
                    -  Loans and Guaranteed Loans 
                    -  Revolving Loan Funds 
                    -  Crowd Sourcing 
                    -  Technical Assistance 
                    -  Other 
                  -  Development Tools 
                  -  Publications & Information 
                -  Promise Zones 
                -  Property Appraisal and Valuation Equity (PAVE) 
                -  Rural Placemaking 
                -  Substantially Underserved Trust Area (SUTA) 
              -  Tribal Relations                    -  Tribal Relations Events 

## Loretta Cox

### 

Loretta Cox is the Chief of Staff for the Servicing Office.  As Chief of Staff Ms. Cox provides critical/analytical management and program support to inform, inspire, and educate a diverse workforce to improve program service delivery to employees, stakeholders and others within USDA.
U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001

32–208 PDF 2007

S. HRG. 109–788

[ERRATA]

LEGISLATIVE FIELD HEARING ON S. 260,

‘‘THE PARTNERS FOR FISH AND WILDLIDE ACT’’

HEARING

BEFORE THE

COMMITTEE ON

ENVIRONMENT AND PUBLIC WORKS

UNITED STATES SENATE

ONE HUNDRED NINTH CONGRESS

FIRST SESSION

APRIL 22, 2005—TULSA, OK

Printed for the use of the Committee on Environment and Public Works

(

Available via the World Wide Web: http://www.access.gpo.gov/congress.senate
2

ERRATA

The referenced hearing held before the Senate Committee on Environment and Public Works was inadvertently printed with the

wrong title. The correct title is Legislative Field Hearing on S. 260,

‘‘The Partners for Fish and Wildlife Act’’.
#### Hyman Drogowitz, Respondent, v. New York City Railway Company, Appellant.

Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event, on the ground that the dedision is against the weight of evidence. Ho opinion. Jenks, Hooker, Gaynor and Rich, JJ., concurred ; Miller, J., concurred on the ground that there was error in the exclusion of evidence.
§ 327.3 No product to be imported without compliance with applicable regulations. ( a ) No product offered for importation from any foreign country shall be admitted into the United States if it is adulterated or misbranded or does not comply with all the requirements of this subchapter that would apply to it if it were a domestic product.
( b ) No cooked or partially cooked meat or meat trimmings, either in separable pieces or molded into larger forms, shall be permitted entry except under the following conditions: ( 1 ) A complete procedure for preparing and handling the product in the foreign country and en route to the United States shall be submitted by the exporter or his authorized agent to the Administrator and determined by the Administrator to be adequate to assure that the product will not be adulterated or misbranded at the time of offer for entry.
( 2 ) A system acceptable to the Administrator (upon his determination that the system will provide a reliable indication of the kinds and numbers of microorganisms present) for the microbiological testing of the finished product shall be installed by the processor, the product is subjected to such testing, and the results thereof are furnished to the Administrator and are acceptable to him as showing that the product has been prepared and handled in a sanitary manner.
( c ) [Reserved]
[35 FR 15610, Oct. 3, 1970, as amended at 38 FR 29215, Oct. 23, 1973; 54 FR 41048, Oct. 5, 1989; 56 FR 38335, Aug. 13, 1991; 57 FR 27906, June 23, 1992]
§ 381.109 Form of official poultry inspection certificate. ( a ) The official poultry inspection certificate authorized by this subpart is a paper certificate (Form MP-505) for signature by an inspector, bearing the legend U.S. Department of Agriculture Animal and Plant Health Inspection Service Meat and Poultry Inspection Program poultry inspection certificate and the seal of the U.S. Department of Agriculture, with a certification that the poultry described therein had been inspected in compliance with the Regulations of the Secretary of Agriculture Governing the Inspection of Poultry and Poultry Products.
( b ) The certificate also bears a serial number such as “B 3208” and shows the respective name and address of the applicant, the shipper or seller and the receiver or buyer and the net weight in pounds of amount passed, amount rejected or condemned, type of poultry, lot number and class, and such other information as the Administrator may prescribe or approve in specific cases.
### §2904. Report to Congress

Each appropriate Federal financial supervisory agency shall include in its annual report to the Congress a section outlining the actions it has taken to carry out its responsibilities under this chapter.

(Pub. L. 95–128, title VIII, §805, Oct. 12, 1977, 91 Stat. 1148.)
#### § 332.2 Purpose.

This part prescribes the conditions under which States that administer cooperative State meat inspection programs and establishments that operate under such programs may participate in a cooperative interstate shipment program.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          28,780
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                27,780
<PP&E>                                           1,500
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  30,280
<CURRENT-LIABILITIES>                            1,500
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        51,394
<OTHER-SE>                                    (22,614)
<TOTAL-LIABILITY-AND-EQUITY>                    30,280
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                    8,970
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                               (8,970)
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (8,970)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (8,970)
<EPS-BASIC>                                   (0.00)
<EPS-DILUTED>                                   (0.00)


</TABLE>
#### § 322.3 Transferring products for export.

When inspected and passed products for export are transferred from tank cars to other containers on vessels, such transfer shall be done in accordance with the provisions of part 350 of subchapter B of this chapter.
§ 3.4 Outdoor housing facilities. ( a ) *Restrictions.* ( 1 ) The following categories of dogs or cats must not be kept in outdoor facilities, unless that practice is specifically approved by the attending veterinarian: ( i ) Dogs or cats that are not acclimated to the temperatures prevalent in the area or region where they are maintained;
( ii ) Breeds of dogs or cats that cannot tolerate the prevalent temperatures of the area without stress or discomfort (such as short-haired breeds in cold climates); and
( iii ) Sick, infirm, aged or young dogs or cats.
( 2 ) When their acclimation status is unknown, dogs and cats must not be kept in outdoor facilities when the ambient temperature is less than 50 °F (10 °C).
( b ) *Shelter from the elements.* Outdoor facilities for dogs or cats must include one or more shelter structures that are accessible to each animal in each outdoor facility, and that are large enough to allow each animal in the shelter structure to sit, stand, and lie in a normal manner, and to turn about freely. In addition to the shelter structures, one or more separate outside areas of shade must be provided, large enough to contain all the animals at one time and protect them from the direct rays of the sun. Shelters in outdoor facilities for dogs or cats must contain a roof, four sides, and a floor, and must: ( 1 ) Provide the dogs and cats with adequate protection and shelter from the cold and heat;
( 2 ) Provide the dogs and cats with protection from the direct rays of the sun and the direct effect of wind, rain, or snow;
( 3 ) Be provided with a wind break and rain break at the entrance; and
( 4 ) Contain clean, dry, bedding material if the ambient temperature is below 50 °F (10 °C). Additional clean, dry bedding is required when the temperature is 35 °F (1.7 °C) or lower.
( c ) *Construction.* Building surfaces in contact with animals in outdoor housing facilities must be impervious to moisture. Metal barrels, cars, refrigerators or freezers, and the like must not be used as shelter structures. The floors of outdoor housing facilities may be of compacted earth, absorbent bedding, sand, gravel, or grass, and must be replaced if there are any prevalent odors, diseases, insects, pests, or vermin. All surfaces must be maintained on a regular basis. Surfaces of outdoor housing facilities—including houses, dens, etc.—that cannot be readily cleaned and sanitized, must be replaced when worn or soiled.
50Exhibit 31.1CERTIFICATIONSI, James Y. Gleasman, Chief Executive Officer and Interim Chief Financial Officer of Torvec, Inc.,hereby certify that:1. I have reviewed this quarterly report on Form 10-Q of Torvec, Inc. 2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report; 3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly presentin all material respects the financial condition, results of operations and cash flows of the registrant as of, and for,the periods presented in this report; 4. I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules13a-15(e) and 15d-15(e)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;  b) [Reserved] [Paragraph omitted pursuant to SEC Release Nos. 33-8392 and 34-49313.]  c) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period covered bythis report based upon such evaluation; and  d) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscalquarter (the registrant’s fourth fiscal quarter in the case of an annual report)that has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and5. I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of registrant’s board of directors (or persons performing the equivalent functions): a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and  b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.     Date:       November 14, 2006 /s/ James Y. Gleasman
### SUBCHAPTER III—INVESTMENT DIVISION PROGRAMS
##### 



EXHIBIT 32.2
 Written Statement of Chief Financial Officer Pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002
  (a)
    
    the Form 10-Q Report of the Company for
the quarterly period ended September 30,
2007 filed on the date hereof with the
Securities and Exchange Commission (the
Report) fully complies with the
requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and(b)
    
    information contained in the Report
fairly presents, in all material
respects, the financial condition and
results of operations of the Company.
 /s/ John A. Stone

John A. StoneChief Financial Officer